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LUCAS v. KD DEVELOPMENT CONSTRUCTION CORPORATION

300 A.D.2d 634 (2002)

752 N.Y.S.2d 718

NICHOLAS LUCAS et al., Respondents, v. KD DEVELOPMENT CONSTRUCTION CORPORATION et al., Appellants, and MERCEDES D. CRUZATTI, Respondent. (And a Third-Party Action.)

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

Decided December 30, 2002.

Ordered that the order is modified by deleting the provisions thereof denying that branch of the motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 241 (6) insofar as it is based on a violation of 12 NYCRR 23-1.29 and all related cross claims, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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