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FERREIRA v. CITY OF NEW YORK

2010-05544.

85 A.D.3d 1103 (2011)

927 N.Y.S.2d 100

2011 NY Slip Op 5660

MARIA H. FERREIRA et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents, and AMMANN & WHITNEY, INC., Respondent, et al., Defendant. (And Third-Party Actions.)

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

Decided June 28, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the motion of the defendants City of New York, New York City Department of Transportation, New York City Department of Design and Construction, AAH Construction, Corp., and Housing Preservation & Development, which was for summary judgment dismissing the cause of action to recover damages for a violation of Labor Law § 241 (6) based on an alleged violation of 12 NYCRR 23-9...

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