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MAZZOCCHI v. INTERNATIONAL BUSINESS MACHINES, INC.

294 A.D.2d 151 (2002)

742 N.Y.S.2d 217

BATTISTA MAZZOCCHI et al., Appellants, v. INTERNATIONAL BUSINESS MACHINES, INC., Respondent, et al., Defendants.

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

Decided May 9, 2002.

Plaintiff's Labor Law § 200 claim was properly dismissed for lack of evidence sufficient to raise an issue of fact as to whether defendant exercised any control or supervision over the unspecified work that allegedly created the dust that caused plaintiff's injury (see, Lombardi v Stout, 80 N.Y.2d 290, 295). It does not avail plaintiff that defendant maintained a shack on the work...

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