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BALD, III v. WESTFIELD ACADEMY & CENTRAL SCHOOL

298 A.D.2d 881 (2002)

747 N.Y.S.2d 623

JOSEPH BALD, III, Appellant, v. WESTFIELD ACADEMY & CENTRAL SCHOOL et al., Respondents. CONCEPT CONSTRUCTION CORP., Third-Party Plaintiff, v. ARRIC CORPORATION, Third-Party Defendant-Respondent. WESTFIELD ACADEMY & CENTRAL SCHOOL, Third-Party Plaintiff, v. ARRIC CORPORATION, Third-Party Defendant-Respondent.

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

Decided October 1, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of defendants' motion with respect to the common-law negligence cause of action and dismissing that cause of action and by denying those parts of the motions of defendants and third-party defendant with respect to the claim under Labor Law § 241 (6) and reinstating that claim and as modified the order is affirmed without costs.

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