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VARGAS v. PETER SCALAMANDRE & SONS, INC.

9715-302608/08, 9716, 83947/10.

105 A.D.3d 454 (2013)

963 N.Y.S.2d 73

2013 NY Slip Op 2326

JUAN VARGAS, Respondent, v. PETER SCALAMANDRE & SONS, INC., et al., Respondents-Appellants, and RAD & D'APRILE CONSTRUCTION CORP., Appellant-Respondent, and AB GREEN GANSEVOORT, LLC, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided April 4, 2013.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 1, 2011, which, to the extent appealed from as limited by the briefs, denied the motion of Rad & D'Aprile Construction Corp. (Rad) for summary judgment dismissing the Labor Law § 241 (6) and common-law negligence claims against it, unanimously reversed, on the law, without costs, and the motion granted. Order, same court and Justice, entered July 30, 2012...

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