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BATEN v. WEHUDA

281 A.D.2d 366 (2001)

722 N.Y.S.2d 534

ABEL BATEN, Respondent, v. WEHUDA et al., Appellants, et al., Defendant.

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

Decided March 29, 2001.

In light of the prior notice given appellants of plaintiff's Labor Law § 241 (6) claim (see, Rosinsky v Angel Orensanz Found., 253 A.D.2d 661), the fact that the claim was not plainly lacking in merit (cf., Del Rosario v 114 Fifth Ave. Assocs., 266 A.D.2d 162), and the absence of any showing of prejudice to appellants (see, Pereira v NAB Constr. Corp., 256 A...

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