PITTS v. BELL CONSTRUCTORS, INC.

CA 10-00034.

81 A.D.3d 1475 (2011)

916 N.Y.S.2d 731

JEFFREY J. PITTS et al., Appellants, v. BELL CONSTRUCTORS, INC., Also Known as BELL CONSTRUCTORS OF ROCHESTER, Respondent.

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

Decided February 18, 2011.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of defendant's motion seeking summary judgment dismissing the Labor Law § 240 (1) cause of action and the Labor Law § 241 (6) cause of action insofar as it is premised upon the alleged violation of 12 NYCRR 23-1.7 (b) and reinstating those causes of action to that extent, and by granting plaintiffs' cross motion seeking partial summary judgment on liability...

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