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GARCIA v. MARKET ASSOCIATES

2013-00670

123 A.D.3d 661 (2014)

998 N.Y.S.2d 193

2014 NY Slip Op 08400

ALVIN GARCIA et al., Appellants, v. MARKET ASSOCIATES et al., Defendants/Third-Party Plaintiffs-Respondents, and LOWE'S HOME CENTERS, INC., Respondent, et al., Defendant. AUGUSIEWICZ CONTRACTING, INC., Third-Party Defendant-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 provisions thereof granting that branch of the motion of the defendants/third-party plaintiffs Market Associates and Rockstone Development Corp. which was for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from...

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