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SMITH v. HERCULES CONSTRUCTION CORPORATION

274 A.D.2d 467 (2000)

711 N.Y.S.2d 453

JOHN T. SMITH et al., Appellants, v. HERCULES CONSTRUCTION CORPORATION et al., Respondents. (And Other Titles.)

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

Decided July 17, 2000.

Ordered that the judgment is modified, on the law, by deleting therefrom the provision granting those branches of the defendants' respective motions which were to dismiss the plaintiffs' causes of action sounding in common-law negligence and violation of Labor Law § 200 and substituting therefor a provision denying those branches of the defendants' respective motions, and severing those causes of action; as so modified, the judgment is affirmed, without costs or disbursements...

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