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DAVIS v. MANITOU CONSTRUCTION COMPANY

299 A.D.2d 927 (2002)

751 N.Y.S.2d 136

KENNETH DAVIS, Respondent, v. MANITOU CONSTRUCTION COMPANY, Part of DOLOMITE GROUP, Appellant-Respondent, and KENNETH W. FENNELL, Doing Business as FENNELL EXCAVATING COMPANY, et al., Respondent-Appellant.

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

Decided November 15, 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 the motion of defendant Manitou Construction Company for summary judgment dismissing the Labor Law § 200 and common-law negligence claims against it and dismissing those claims against it and by granting that part of the cross motion of defendant Kenneth W. Fennell, doing business as Fennell Excavating Company, for summary judgment dismissing...

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