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HERMAN v. ST. JOHN'S EPISCOPAL HOSP.

242 A.D.2d 316 (1997)

___ N.Y.S.2d ___

John P. Herman, Respondent, v. St. John's Episcopal Hospital, Respondent, and Eug-Rac, Inc., Appellant. (And a Third-Party Action.)

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

August 18, 1997

Ordered that the order is modified by deleting the provision thereof which denied that branch of the motion which was for summary judgment dismissing the plaintiff's cause of action pursuant to Labor Law § 241 (6) and substituting therefor a provision granting that branch of the motion to the extent of dismissing so much of the cause of action based upon an alleged violation of 12 NYCRR 23-1.30 and denying that branch of the motion in all other respects; as so modified...

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