PERRINI v. CITY OF NEW YORK


262 A.D.2d 541 (1999)

694 N.Y.S.2d 401

ANTHONY PERRINI et al., Respondents, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Appellant. UNDERGROUND UTILITIES, INC., Third-Party Defendant-Appellant.

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

Decided June 21, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, those branches of the respective motions of the defendant and the third-party defendant which were for summary judgment dismissing the cause of action premised upon a violation of Labor Law § 241 (6) are granted, that cause of action is dismissed, and that branch of the plaintiffs' cross motion to amend the complaint and bill of particulars to allege a violation of 12 NYCRR...

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