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IRWIN v. ST. JOSEPH'S HOSP.

236 A.D.2d 123 (1997)

665 N.Y.S.2d 773

Charles J. Irwin et al., Appellants-Respondents, v. St. Joseph's Intercommunity Hospital et al., Respondents-Appellants, et al., Third-Party Plaintiffs. Grove Roofing Co., Inc., Third-Party Defendant-Respondent-Appellant

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

November 19, 1997

Attorney(s) appearing for the Case

Lewis & Lewis, P. C., Buffalo (Allan Lewis of counsel), for appellants-respondents.

Charles G. DiPasquale, Buffalo (Paul Murak of counsel), for respondents-appellants.

Hurwitz & Fine, P. C., Buffalo (Jeffrey Baase of counsel), for third-party defendant-respondent-appellant.

Dennis C. Vacco, Attorney-General, New York City (M. Patricia Smith of counsel), intervenor.

DENMAN, P. J., HAYES, BALIO and FALLON, JJ., concur.

GREEN, J.

At issue on this appeal is whether plaintiffs' cause of action alleging defendants' violation of Labor Law § 241 (6) is preempted by Federal regulation of workplace safety pursuant to the Occupational Safety and Health Act of 1970 (29 USC §§ 651-678 [OSH Act]) and the safety and health standards for the construction industry promulgated thereunder by the Secretary of Labor (29 CFR part...

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