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CASTILLO v. STARRETT CITY, INC.

4 A.D.3d 320 (2004)

772 N.Y.S.2d 74

MELBIN CASTILLO, Appellant, v. STARRETT CITY, INC., Defendant and Third-Party Plaintiff-Respondent. NJK CONTRACTORS, INC., Third-Party Defendant-Respondent.

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

February 2, 2004.

Ordered that the appeal from those portions of the order dated December 5, 2002, as granted those branches of the separate motions of the defendant third-party plaintiff Starrett City, Inc., and the third-party defendant NJK Contractors, Inc., which were for summary judgment dismissing the Labor Law § 241 (6) cause of action predicated on 12 NYCRR 23-2.1 (a), 23-1.24 (d), and 23-1.7 (e) (1) insofar as asserted against them is dismissed, as those portions of the order...

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