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LAUDISIO v. DIAMOND "D" CONSTRUCTION CORPORATION

309 A.D.2d 1178 (2003)

765 N.Y.S.2d 720

DOMINIC LAUDISIO et al., Appellants, v. DIAMOND "D" CONSTRUCTION CORPORATION, Respondent.

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is denied, the common-law negligence cause of action and Labor Law § 200 claim are reinstated, the cross motion is granted and the Workers' Compensation Law affirmative defense is stricken.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Dominic...

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