McCALLISTER v. 200 PARK, L.P.

2011-04066.

92 A.D.3d 927 (2012)

939 N.Y.S.2d 538

2012 NY Slip Op 1595

STEVE McCALLISTER, Respondent, v. 200 PARK, L.P., et al., Appellants. (And a Third-Party Action.)

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

Decided February 28, 2012.


Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

On October 8, 2008, the plaintiff and his foreman, employees...

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