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RODRIGUEZ v. YONKERS CONTRACTING COMPANY, INC.

256 A.D.2d 565 (1998)

682 N.Y.S.2d 866

LUZ RODRIGUEZ et al., Respondents, v. YONKERS CONTRACTING COMPANY, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. CERTIFIED FENCE CORP., Third-Party Defendant-Appellant.

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

Decided December 28, 1998.

Ordered that the judgment is affirmed, with costs to the defendants third-party plaintiffs-respondents.

The appellant's argument concerning the applicability of the savings clause of the Federal Occupation Health and Safety Act (29 USC § 653 [b] [4]) was not raised before the trial court and is therefore not properly before this Court on appeal (see, CPLR 5501 [a] [3]).

The appellant's remaining contentions...

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