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ERICKSON v. CROSS READY MIX, INC.

2008-10020.

75 A.D.3d 519 (2010)

906 N.Y.S.2d 284

RICHARD J. ERICKSON, Respondent-Appellant, v. CROSS READY MIX, INC., Respondent, TURNER CONSTRUCTION COMPANY, Defendant/Third-Party Plaintiff-Respondent-Appellant, and ELITE READY MIX CORPORATION, Appellant-Respondent, et al., Defendants. COMMODORE CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided July 13, 2010.

Ordered that the appeal from so much of the order as denied that branch of the cross motion of the defendant Elite Ready Mix Corporation which was for summary judgment dismissing the cause of action to recover damages for a violation of Labor Law § 241 (6) insofar as asserted against it is dismissed as academic, without costs or disbursements, in light of the entry of an order entered April 21, 2009, which, upon renewal, inter alia, in effect, vacated the determination...

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