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DEPAUL v. NY BRUSH LLC

11828, 113636/09

114 A.D.3d 609 (2014)

981 N.Y.S.2d 75

2014 NY Slip Op 1386

WILLIAM DEPAUL, JR., et al., Respondents-Appellants, v. NY BRUSH LLC et al., Appellants-Respondents, and RUTTURA & SONS CONSTRUCTION CO., INC., Respondent/Third-Party Defendant-Respondent. NY BRUSH LLC et al., Third-Party Plaintiffs-Appellants, v. COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant.

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

Decided February 27, 2014.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered January 2, 2013, which, insofar as appealed from, denied the part of defendants Holt Construction Corp., Pepsi Cola Bottling Company of New York, Inc., and NY Brush LLC's (collectively, defendants) motion for summary judgment that sought to dismiss the Labor Law § 200 and common-law negligence claims as against them, granted the part of their motion that sought to dismiss the Labor Law § 241 (6...

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