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NOTARO v. BISCON CONSTRUCTION CORPORATION

32 A.D.3d 1218 (2006)

821 N.Y.S.2d 715

ROBERT E. NOTARO, Respondent-Appellant, v. BISON CONSTRUCTION CORPORATION et al., Appellants-Respondents.

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

September 22, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion for summary judgment in part and dismissing the common-law negligence cause of action, the Labor Law § 200 claim and the § 241 (6) claim to the extent that it is based on the alleged violations of 29 CFR 1910.28 (a) (12) and 12 NYCRR 23-5.1 against defendant Bison Construction Corporation and as modified the order is affirmed without...

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