MINGLE v. BARONE DEVELOPMENT CORPORATION


283 A.D.2d 1028 (2001)

723 N.Y.S.2d 803

JOHN MINGLE et al., Respondents-Appellants, v. BARONE DEVELOPMENT CORPORATION, Appellant-Respondent. (Appeal No. 2.)

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

Decided May 2, 2001.


Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Although Supreme Court properly denied plaintiffs' cross motion seeking partial summary judgment on liability on the Labor Law § 241 (6) claim, it erred in denying defendant's motion seeking summary judgment dismissing that claim. John Mingle (plaintiff) was a member of a crew laying sewer pipe...

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