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CHARNEY v. LECHASE CONSTRUCTION

CA 11-00957.

90 A.D.3d 1477 (2011)

935 N.Y.S.2d 392

2011 NY Slip Op 9365

CHRISTOPHER M. CHARNEY et al., Appellants, v. LECHASE CONSTRUCTION et al., Respondents. FREDERICO WRECKING CO., INC., Third-Party Plaintiff-Appellant, v. CONTOUR ERECTION AND SIDING SYSTEMS, INC., Third-Party Defendant-Respondent. LECHASE CONSTRUCTION SERVICES, LLC, et al., Third-Party Plaintiffs-Appellants, v. CONTOUR ERECTION AND SIDING SYSTEMS, INC., Second Third-Party Defendant-Respondent.

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

Decided December 23, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motions of defendants-third-party plaintiffs and third-party defendant with respect to the Labor Law § 240 (1) claim as well as the Labor Law § 241 (6) claim to the extent that it is premised on a violation of 12 NYCRR 23-3.3 (h), reinstating those claims and denying that part of the motion of third-party...

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