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MEJIA v. LEVENBAUM

30 A.D.3d 262 (2006)

818 N.Y.S.2d 22

MANUEL MEJIA, Respondent, v. ANDREW R. LEVENBAUM et al., Appellants, et al., Defendants.

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

June 20, 2006.

Inasmuch as plaintiff was engaged at the time of his accident in a "general clean out" of what had formerly been a restaurant and the work being performed was not construction, excavation or demolition work within the meaning of Labor Law § 241 (6), his claim pursuant to that statute should have been dismissed (see Nagel v D & R Realty Corp., 99 N.Y.2d 98 [2002]).

Plaintiff...

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