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OSORIO v. KENART REALTY, INC.

35 A.D.3d 561 (2006)

826 N.Y.S.2d 645

ANGEL OSORIO, Respondent, v. KENART REALTY, INC., et al., Defendants, MADISON 45 COMPANY, Appellant, and PIZZADEL, INC., Doing Business as EUROSTAR CAFE, et al., Respondents. (And a Third-Party Action.)

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

Decided December 12, 2006.

Ordered that the appeal from the order dated April 8, 2005 is dismissed, without costs or disbursements, as that order was superseded by the amended order dated April 15, 2005; and it is further,

Ordered that the amended order dated April 15, 2005 is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing so much of the cause of action pursuant to Labor Law § 241 (6) as is based on an...

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