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VARGAS v. STATE OF NEW YORK

273 A.D.2d 460 (2000)

710 N.Y.S.2d 609

ARNULFO VARGAS, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 93859.)

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

Decided June 26, 2000.

Ordered that the interlocutory judgment is modified, on the law, by deleting the provision thereof which is in favor of the claimant and against the defendant on the issue of liability pursuant to Labor Law § 240 (1), and substituting therefor a provision dismissing the Labor Law § 240 (1) cause of action; as so modified, the interlocutory judgment is affirmed insofar as appealed and cross-appealed from, with costs to...

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