CARDENAS v. AM. REFFUEL CO. OF HEMPSTEAD


244 A.D.2d 377 (1997)

664 N.Y.S.2d 453

Martin Cardenas et al., Respondents, v. American Reffuel Company of Hempstead et al., Appellants

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

November 10, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument and renewal, so much of the order entered December 26, 1995, as denied that branch of the defendants' motion which was for summary judgment dismissing the cause of action based upon Labor Law § 241 (6) is vacated, the defendants' motion for summary judgment is granted, and the complaint is dismissed.

The plaintiff Martin Cardenas was injured while working...

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