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ERICKSON v. CROSS READY MIX, INC.

2009-04396.

75 A.D.3d 524 (2010)

906 N.Y.S.2d 54

RICHARD J. ERICKSON, Appellant, v. CROSS READY MIX, INC., et al., Defendants, and TURNER CONSTRUCTION COMPANY, Defendant/Third-Party Plaintiff-Respondent. 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 order entered April 21, 2009, is modified, on the law, by deleting the provision thereof, upon renewal, in effect, vacating the determination in the order entered September 30, 2008, denying that branch of the cross motion of the defendant/third-party plaintiff, Turner Construction Company, which was for summary judgment dismissing so much of the Labor Law § 241 (6) cause of action as was predicated upon an alleged violation of 12 NYCRR 23-9.7 (d) and...

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