FANELLI v. J.C. MILLBANK CONSTRUCTION COMPANY, INC.

2011-01203.

91 A.D.3d 703 (2012)

937 N.Y.S.2d 114

2012 NY Slip Op 325

FRANK J. FANELLI, Appellant, v. J.C. MILLBANK CONSTRUCTION COMPANY, INC., et al., Respondents, et al., Defendants.

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

Decided January 17, 2012.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the cross motion of the defendant JMOA Engineering, P.C., which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6) insofar as asserted against it, and substituting therefor a provision denying that branch of the cross motion, and (2) by deleting the provision thereof, upon searching the record, awarding summary...

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