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FORD SR. v. LUIGI CALIENDO & SONS, INC.

305 A.D.2d 368 (2003)

757 N.Y.S.2d 897

WALTER FORD, SR., Appellant, v. LUIGI CALIENDO & SONS, INC., Defendant and Third-Party Plaintiff-Respondent, and NURGE AVENUE HOLDING CO., Respondent. MIDDLE VILLAGE FLOORING, INC., Third-Party Defendant.

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

Decided May 5, 2003.

Ordered that the order is modified by deleting the provision thereof granting that branch of the cross motion of the defendant Luigi Caliendo & Sons, Inc., which was for summary judgment dismissing the Labor Law § 200 cause of action and substituting therefor a provision denying that branch of that cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the appellant payable by the defendant Luigi Caliendo & Sons...

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