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SHAHEEN v. HUEBER-BREUER CONSTRUCTION CO., INC.

4 A.D.3d 761 (2004)

772 N.Y.S.2d 156

TAMI SHAHEEN, Individually and as Administrator of the Estate of JOHN M. SHAHEEN, Deceased, Respondent-Appellant, v. HUEBER-BREUER CONSTRUCTION CO., INC., Appellant-Respondent and Third-Party Plaintiff-Appellant-Respondent. NOVA MECHANICAL CONTRACTORS, INC., Third-Party Defendant-Respondent. HUEBER-BREUER CONSTRUCTION CO., INC., Third-Party Plaintiff-Appellant-Respondent, v. R.P. MECHANICAL, INC., Third-Party Defendant-Respondent. NOVA MECHANICAL CONTRACTORS, INC., Fourth-Party Plaintiff-Respondent, v. R.P. MECHANICAL, INC., Fourth-Party Defendant-Appellant-Respondent.

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

February 11, 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 motions of defendant and fourth-party defendant seeking dismissal of the Labor Law § 240 (1) claim, dismissing that claim, denying those parts of the motions seeking dismissal of the Labor Law §§ 200 and 241 (6) claims and the common-law negligence cause of action, reinstating...

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