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EARL v. SARATOGA

9 A.D.3d 879 (2004)

780 N.Y.S.2d 461

DANA EARL, Appellant, v. STARWOOD CERUZZI SARATOGA, LLC, Appellant-Respondent and Third-Party Plaintiff-Respondent. WERNERT CONSTRUCTION MANAGEMENT, LLC, Third-Party Defendant-Appellant.

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

July 9, 2004.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion with respect to the Labor Law § 241 (6) cause of action insofar as it is based on the alleged violation of 12 NYCRR 23-1.30 and reinstating that cause of action insofar as it is based on that alleged violation and as modified the order and judgment is affirmed without costs.

Memorandum:

Plaintiff...

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