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WESTGATE v. BRODERICK

333 CA 12-01631.

107 A.D.3d 1389 (2013)

967 N.Y.S.2d 285

2013 NY Slip Op 4135

RICHARD WESTGATE, Appellant, v. DAVID S. BRODERICK, as Administrator of the Estate of THOMAS D. HOGAN, III, Deceased, et al., Respondents, et al., Defendant.

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

Decided June 7, 2013.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendants David S. Broderick, as administrator of the estate of Thomas D. Hogan, III, and Karen Hogan for summary judgment dismissing the Labor Law §§ 240 (1) and 241 (6) causes of action and reinstating the amended complaint to that extent and by granting that part of plaintiff's cross motion for partial summary judgment on liability...

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