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RICUARTE v. 45TH ST. BAKE CORP.

35 A.D.3d 579 (2006)

828 N.Y.S.2d 415

ALBERTO RICUARTE, Respondent, v. 45TH ST. BAKE CORP. et al., Defendants, and MADISON 45 COMPANY, Appellant. (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Ordered that the appeal from the order dated April 11, 2005 is dismissed, as that order was superseded by the amended order dated April 15, 2005; and it is further,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 reversed insofar as appealed from, on the law, and the branch of the motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 241 (6) based on an alleged violation of 12 NYCRR 23-1.7 (g) insofar as asserted...

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