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DUARTE v. CITY OF NEW YORK

34 A.D.3d 522 (2006)

826 N.Y.S.2d 314

BALTAZAR DUARTE et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided November 14, 2006.

Ordered that the appeal from so much of the order as denied those branches of the motion which were to dismiss the claims based on Labor Law §§ 200, 240, and common-law negligence is dismissed, as those claims were voluntarily withdrawn by the plaintiffs; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, and those branches of the motion which were to dismiss the claims based on Labor Law § 241 and loss of consortium...

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