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MURRAY v. LANCASTER MOTOR-SPORTS, INC.

27 A.D.3d 1193 (2006)

812 N.Y.S.2d 726

MOIRA A. MURRAY, Individually and as Parent and Natural Guardian of the Persons and Property of MARGARET E. MURRAY and Another, Infants, and as Administratrix of the Estate of JOHN F. MURRAY, Deceased, Appellant, v. LANCASTER MOTOR-SPORTS, INC., et al., Respondents, et al., Defendants. LANCASTER MOTORSPORTS, INC., et al., Third-Party Plaintiffs, v. HENRIETTA BUILDING SUPPLIES, INC., Third-Party Defendant-Respondent.

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

March 17, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motion of defendants Lancaster Motorsports, Inc. and Lancaster Concessionaires, Inc. and the cross motion with respect to the Labor Law § 241 (6) claim and reinstating that claim against those defendants except insofar as it is based upon the alleged violations of 12 NYCRR 23-1.5 and 23-8.1 (m) and reinstating the derivative cause...

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