LOPEZ v. MARKOS


245 A.D.2d 54 (1997)

665 N.Y.S.2d 646

Ramon Lopez, Respondent, v. Spiros Markos, Defendant and Third-Party Plaintiff-Respondent. J.C.H. Delta Contracting, Inc., Third-Party Defendant-Appellant

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

December 9, 1997


The complaint alleged injury to third-party defendant's employee, by reason of negligence, during renovation of defendant's property. Upon defendant's motion for summary judgment, the IAS Court found additional claims in the bill of particulars, based upon Labor Law §§ 240 and 241 (6). The section 241 (6) claim was dismissed for failure to specify any rules violated, as was the claim for negligence for failure to state a

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