SZTACHANSKI v. MORSE DIESEL INTERNATIONAL, INC.


9 A.D.3d 457 (2004)

780 N.Y.S.2d 367

JERZY SZTACHANSKI et al., Appellants, v. MORSE DIESEL INTERNATIONAL, INC., et al., Respondents.

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

July 26, 2004.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was to dismiss the cause of action based on Labor Law § 241 (6) is denied, the plaintiffs' motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability based on Labor Law § 240 (1) is granted, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages.

The injured...

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