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SMITH v. FAYETTEVILLE-MANLIUS CENTRAL SCHOOL DISTRICT

32 A.D.3d 1253 (2006)

822 N.Y.S.2d 832

RONALD A. SMITH et al., Respondents, v. FAYETTEVILLE-MANLIUS CENTRAL SCHOOL DISTRICT, Appellant. (Appeal No. 1.)

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

September 29, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion for summary judgment with respect to the Labor Law § 241 (6) cause of action and dismissing that cause of action insofar as it is based upon the alleged violations of the regulations set forth in plaintiffs' April 28, 2004 bill of particulars except for 12 NYCRR 23-5.15 (a) and...

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