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HUSAK v. 45TH AVENUE HOUSING COMPANY

52 A.D.3d 782 (2008)

862 N.Y.S.2d 63

JOHN HUSAK, Respondent, v. 45TH AVENUE HOUSING COMPANY, Appellant, et al., Defendants.

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

Decided June 24, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action alleging, among other things, that the defendant was liable pursuant to Labor Law § 241 (6) by reason of its failure to comply with Industrial Code (12 NYCRR) § 12-2.7, which requires that "[c]rushing, milling, screening, mixing and conveying and related processes creating dangerous air contaminants shall...

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