PLOTNICK v. WOK'S KITCHEN INCORPORATED


21 A.D.3d 358 (2005)

800 N.Y.S.2d 37

DAVID PLOTNICK et al., Respondents, v. WOK'S KITCHEN INCORPORATED, Defendant, and MAGIC EXTERMINATING CO., INC., et al., Appellants.

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

August 1, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the causes of action to recover damages for violations of Labor Law §§ 240 (1) and 241 (6) are dismissed insofar as asserted against the appellants, and those branches of the cross motion which were for summary judgment on those causes of action insofar as asserted against the appellants are denied.

On March 15, 2001, the plaintiff David Plotnick ...

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