CUMBERLAND v. HINES INTERESTS LIMITED PARTNERSHIP

8737, 105631/09.

105 A.D.3d 465 (2013)

963 N.Y.S.2d 173

2013 NY Slip Op 2342

JOHN CUMBERLAND, Appellant, v. HINES INTERESTS LIMITED PARTNERSHIP et al., Respondents. (And a Third-Party Action.)

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

Decided April 9, 2013.


Order, Supreme Court, New York County (Paul G. Feinman, J.), entered June 29, 2011, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing plaintiff's Labor Law § 241 (6) claim, unanimously modified, on the law, the motion denied with respect to the claim based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (1), and otherwise affirmed, without costs.

Contrary to the motion...

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