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MEJIA v. MORIELLO

286 A.D.2d 667 (2001)

730 N.Y.S.2d 131

RENE MEJIA, Appellant, v. EDITH D. MORIELLO et al., Defendants and Third-Party Plaintiffs-Respondents. ANDREW LAMELA et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

Decided September 10, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion is granted, that branch of the cross motion which was for summary judgment dismissing the cause of action to recover damages based on a violation of Labor Law § 240 (1) is denied, and the matter is remitted to the Supreme Court, Orange County, for a determination of that branch of the cross motion of the third-party...

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