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COSTA v. STATE

2014-00634

123 A.D.3d 648 (2014)

997 N.Y.S.2d 690

2014 NY Slip Op 08390

DOMINICK J. COSTA, as Administrator of the Estate of DOMINICK J. COSTA, Deceased, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent.

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

Decided December 3, 2014.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment dismissing the Labor Law § 241 (6) cause of action insofar as it alleged a violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (1), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or...

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