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FISHER v. WNY BUS PARTS, INC.

12 A.D.3d 1138 (2004)

785 N.Y.S.2d 229

ROBERT E. FISHER, JR., Respondent, v. WNY BUS PARTS, INC., Doing Business as GORMAN BUS SALES, et al., Defendants, and LBM CONSTRUCTION, INC., Appellant.

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting those parts of the motion of defendant LBM Construction, Inc. with respect to the Labor Law § 200 cause of action, the claims pursuant to Labor Law § 241 (4) and (5), and the claim pursuant to Labor Law § 241 (6) to the extent it is premised upon the alleged violations of Occupational Safety and Health Administration regulations and of...

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