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BAKER v. CITY OF BUFFALO

CA 11-01408.

2011 NY Slip Op 09741

JOHN T. BAKER, PLAINTIFF-RESPONDENT-APPELLANT, v. CITY OF BUFFALO, BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF BUFFALO, ALSO KNOWN AS BUFFALO BOARD OF EDUCATION, AND LPCIMINELLI, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( RYAN J. LUCINSKI OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

ANDREWS, BERNSTEIN & MARANTO, LLP, BUFFALO ( ROBERT J. MARANTO, JR. , OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.

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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