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SMITH v. COUNTY OF NASSAU

242 A.D.2d 380 (1997)

662 N.Y.S.2d 70

Charles A. Smith et al., Respondents, v. County of Nassau, Defendant, Leon D. Dematteis Construction Corporation, Appellant, and Eldor Contracting Corp., Defendant and Third-Party Plaintiff-Respondent. Circle Industries et al., Third-Party Defendants-Respondents. (And Other Titles.)

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

August 25, 1997

Ordered that the order is modified, on the law, by deleting therefrom the provisions denying those branches of the motion which were for summary judgment dismissing the causes of action asserted in the complaint based on Labor Law §§ 200 and 240 (1) and common-law negligence, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant Leon D. DeMatteis Construction...

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