DI GIACOMO v. METROPOLITAN LIFE INSURANCE COMPANY


291 A.D.2d 429 (2002)

737 N.Y.S.2d 385

GIUSEPPE DI GIACOMO et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. NATIONAL CLEANING CONTRACTORS, Now Known as ISS CLEANING SERVICE GROUP, INC., Third-Party Defendant-Respondent.

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

Decided February 11, 2002.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the cross motion which were to dismiss the plaintiffs' causes of action based on Labor Law § 200 and common-law negligence, and substituting therefor provisions denying those branches of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly dismissed the plaintiffs...

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