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DUBIN v. S. DIFAZIO AND SONS CONSTRUCTION, INC.

34 A.D.3d 626 (2006)

826 N.Y.S.2d 325

KENNETH DUBIN, Appellant, v. S. DIFAZIO AND SONS CONSTRUCTION, INC., et al., Respondents.

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

Decided November 21, 2006.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

"[T]he question of whether inspection work falls within the purview of Labor Law § 240 (1) and § 241 (6) `must be determined on a case-by-case basis, depending on the context of the work'" (Nelson v Sweet Assoc., Inc., 15 A.D.3d 714, 715 [2005], quoting Prats v Port Auth. of N.Y. & N.J., 100 N.Y.2d...

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