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GAMPIETRO v. LEHRER McGOVERN BOVIS, INC.

303 A.D.2d 996 (2003)

757 N.Y.S.2d 657

NICHOLAS GAMPIETRO et al., Respondents, v. LEHRER McGOVERN BOVIS, INC., et al., Appellants.

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

Decided March 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs' cross motion and granting those parts of defendants' motion for summary judgment seeking dismissal of the claim pursuant to Labor Law § 240 (1) and the claim pursuant to Labor Law § 241 (6) to the extent that it is premised upon the violation of 12 NYCRR 23-1.7 (a) (1) and dismissing those claims and as modified the order is affirmed...

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