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NARANJO v. STAR CORRUGATED BOX CO., INC.

11 A.D.3d 438 (2004)

782 N.Y.S.2d 382

WALTER NARANJO, Respondent, v. STAR CORRUGATED BOX CO., INC., Defendant and Third-Party Plaintiff. FORT CICA ROOFING & GENERAL CONTRACTING, INC., et al., Third-Party Defendants-Appellants.

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

October 4, 2004.

Ordered that the order is affirmed, with one bill of costs to the plaintiff.

The Supreme Court properly exercised its discretion in allowing the plaintiff to amend the complaint to assert direct causes of action against Fort Cica Roofing & General Contracting, Inc. (hereinafter Fort Cica). The proposed Labor Law § 240 (1) and § 241 (6) claims against Fort Cica (the general contractor) have merit, the plaintiff provided a reasonable excuse for his delay...

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