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ORTEGA v. PUCCIA

57 A.D.3d 54 (2008)

866 N.Y.S.2d 323

JAVIER ALCIDES ORTEGA et al., Appellants, v. TROY PUCCIA et al., Respondents.

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

October 28, 2008.

Attorney(s) appearing for the Case

Martin R. Munitz, P.C., New York City (Louis A. Badolato of counsel), for appellants.

Kelly, Rode & Kelly, LLP, Mineola (Loris Zeppieri of counsel), for respondents.

FISHER, J.P., RITTER and McCARTHY, JJ., concur.

OPINION OF THE COURT

DILLON, J.

This appeal presents us with an occasion to discuss the precise standard that must be applied in determining summary judgment motions involving causes of action asserting violations of Labor Law § 200, when an accident arises out of the methods or manner of work at a work site rather than a dangerous or defective condition of the premises.

I. Relevant Facts...

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