FUSCA v. A & S CONSTRUCTION, LLC

2009-11429, 2010-04805.

84 A.D.3d 1155 (2011)

924 N.Y.S.2d 463

FRANK FUSCA, Appellant, v. A & S CONSTRUCTION, LLC, Respondent. (And a Third-Party Action.)

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

Decided May 24, 2011.


Ordered that the order dated November 9, 2009, is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's cross motion which was for leave to amend the complaint to assert a cause of action alleging a violation of Labor Law § 240 (1), and substituting therefor a provision granting that branch of the cross motion; as so modified, the order dated November 9, 2009, is affirmed; and it is...

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