BAKER v. CITY OF BUFFALO

CA 11-01408.

90 A.D.3d 1684 (2011)

936 N.Y.S.2d 457

2011 NY Slip Op 9741

JOHN T. BAKER, Respondent-Appellant, v. CITY OF BUFFALO et al., Appellants-Respondents.

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

Decided December 30, 2011.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of defendants' motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as that claim is based upon the alleged violation of 12 NYCRR 23-1.7 (e) (1) and (2), and by denying that part of defendants' motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as that claim is based upon the alleged violation of...

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