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GREENOUGH v. NIAGARA MOHAWK POWER CORPORATION

13 A.D.3d 1160 (2004)

787 N.Y.S.2d 762

KEVIN GREENOUGH, Appellant, v. NIAGARA MOHAWK POWER CORPORATION et al., Respondents.

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

December 30, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion of defendant Cassadaga Telephone Corporation in part and reinstating the Labor Law § 240 (1) cause of action and the Labor Law § 241 (6) cause of action insofar as that cause of action is based upon the alleged violation of 12 NYCRR 23-9.6 (e) against it and as modified the order is affirmed without costs.

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