VILLEGAS v. VOLMAR CONSTRUCTION, INC.


265 A.D.2d 480 (1999)

697 N.Y.S.2d 112

ROBERT VILLEGAS, Also Known as ROBERTO VILLEGAS, Appellant, v. VOLMAR CONSTRUCTION, INC., et al., Respondents, et al., Defendants.

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

Decided October 18, 1999.


Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the complaint insofar as asserted against the respondents in its entirety, and substituting therefor a provision dismissing only the plaintiff's claims against the respondents which were predicated upon Labor Law § 240 (1); as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

The plaintiff was employed as a janitor in a New York...

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