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HARRIS v. HUEBER-BREUER CONSTRUCTION CO., INC.

CA 09-00456

67 A.D.3d 1351 (2009)

890 N.Y.S.2d 235

2009 NY Slip Op 08273

MARK HARRIS, Appellant-Respondent, v. HUEBER-BREUER CONSTRUCTION CO., INC., Respondent-Appellant, and COLONIE MASONRY CORP. OF ALBANY, INC., et al., Respondents.

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

Decided November 13, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendant Colonie Masonry Corp. of Albany, Inc. with respect to the common-law negligence, Labor Law §§ 200, 240 (1) and § 241 (6) causes of action insofar as the latter cause of action is based on the alleged violations of 12 NYCRR 23-1.7 (f); 23-5.1 (e) (1); and 23-5.3 (f) and reinstating...

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