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PITTMAN v. S.P. LENOX REALTY, LLC

2010-08313.

91 A.D.3d 738 (2012)

937 N.Y.S.2d 101

2012 NY Slip Op 348

RUTH PITTMAN, Individually and as Administratrix of the Estate of MONTE PITTMAN, Deceased, Appellant, v. S.P. LENOX REALTY, LLC, et al., Respondents, et al., Defendant.

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

Decided January 17, 2012.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants S.P. Lenox Realty, LLC, Rubbro Realty Corp., R.S. Management, Ltd., and Larry Richards for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6) insofar as asserted against them is denied.

As noted in our prior decision and order in this action (see Pittman v S.P. Lenox Realty, LLC, 49 A.D.3d 621

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