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DONOVAN v. S & L CONCRETE CONSTR. CORP., INC.

234 A.D.2d 336 (1996)

650 N.Y.S.2d 795

Arlene Donovan et al., Appellants, v. S & L Concrete Construction Corp., Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Lady Liberty Construction, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 9, 1996

Ordered that the order is modified, on the law, by deleting the provision thereof which granted those branches of the motion and cross motion which were for summary judgment dismissing the plaintiffs' cause of action under Labor Law § 241 (6) and substituting therefor a provision denying those branches of the motion and cross motion; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County...

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