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GOWANS v. OTIS MARSHALL FARMS, INC.

CA 10-01399

85 A.D.3d 1704 (2011)

925 N.Y.S.2d 783

2011 NY Slip Op 5330

JOHN T. GOWANS et al., Appellants, v. OTIS MARSHALL FARMS, INC., Doing Business as MARSHALL FARMS, Respondent/Third-Party Plaintiff-Appellant. GOWANS HOME IMPROVEMENT and HAROLD GOWANS, Third-Party Defendants-Respondents.

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

Decided June 17, 2011.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying those parts of the cross motion of defendant-third-party plaintiff for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims and reinstating those claims and by denying the cross motion of third-party defendants for summary judgment dismissing the third-party complaint and reinstating the third-party complaint and as modified the order...

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