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PILATO v. NIGEL ENTERPRISES, INC.

48 A.D.3d 1133 (2008)

850 N.Y.S.2d 799

DAVID PILATO, Appellant-Respondent, v. NIGEL ENTERPRISES, INC., Doing Business as NIGEL BUILDERS, Respondent-Appellant and Third-Party Plaintiff-Appellant-Respondent. JAMES MALCZEWSKI, JR, Doing Business as JMJ CONSTRUCTION CO., Third-Party Defendant-Respondent-Appellant.

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

Decided February 1, 2008.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as it is based on the alleged violations of 12 NYCRR 23-1.8 (a), 23-1.22 (c) and 23-5.1 and dismissing that claim to that extent and by granting the cross motion of third-party defendant and dismissing the third-party complaint and as modified the order is affirmed without...

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