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ROMERO v. J & S SIMCHA, INC.

39 A.D.3d 838 (2007)

835 N.Y.S.2d 306

ANGEL ROMERO, Appellant, et al., Plaintiff, v. J & S SIMCHA, INC., Defendant, and CITY OF NEW YORK, Respondent. (And a Third-Party Action.)

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

Decided April 24, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant City of New York which was for summary judgment dismissing the cause of action based on Labor Law § 241 (6) insofar as asserted against it is denied.

The plaintiff Angel Romero was employed by a private contractor that was installing a sewer line for the defendant J & S Simcha, Inc. (hereinafter J & S). Romero was injured...

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