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UZAR v. LOUIS P. CIMINELLI CONSTR. CO., INC.

CA 07-01428.

2008 NY Slip Op 06052

ROBERT UZAR AND KELLY UZAR, PLAINTIFFS-APPELLANTS, v. LOUIS P. CIMINELLI CONSTRUCTION CO., INC., TURNER CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

LAW OFFICES OF LAURIE G. OGDEN, BUFFALO (JOHN WALLACE OF COUNSEL), FOR DEFENDANT-RESPONDENT LOUIS P. CIMINELLI CONSTRUCTION CO., INC.

OSBORN, REED & BURKE, LLP, ROCHESTER (JEFFREY M. WILKENS OF COUNSEL), FOR DEFENDANT-RESPONDENT TURNER CONSTRUCTION COMPANY.

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, LUNN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Robert Uzar (plaintiff) in a construction accident. Plaintiffs stipulated to the dismissal of all causes of action except the Labor Law § 241 (6) claim against defendant Turner Construction Company (Turner) and the common-law negligence and Labor Law § 200 claims against defendant...

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