PIAZZA v. FRANK L. CIMINELLI CONSTRUCTION CO., INC.


2 A.D.3d 1345 (2003)

770 N.Y.S.2d 504

PAUL PIAZZA et al., Appellants-Respondents, v. FRANK L. CIMINELLI CONSTRUCTION CO., INC., et al., Respondents-Appellants, et al., Defendants. MENORAH CAMPUS, INC., et al., Third-Party Plaintiffs, v. ACKERMAN & HUEBSCH, INC., et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendant. FRANK L. CIMINELLI CONSTRUCTION CO., INC., Third-Party Plaintiff, v. ACKERMAN & HUEBSCH, INC., et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendant.

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

December 31, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motions of defendants Menorah Campus, Inc. and Frank L. Ciminelli Construction Co., Inc. and third-party defendant Ackerman & Huebsch, Inc. seeking dismissal of the common-law negligence cause of action and Labor Law § 200 claim against defendant Frank L. Ciminelli Construction Co., Inc. and the Labor Law § 241 (6) claim...

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