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MATTER OF MITCHELL v. NRG ENERGY, INC.

1391 CA 14-00871.

125 A.D.3d 1542 (2015)

In the Matter of MARGUERITE MITCHELL, Individually and as Administratrix of the Estate of JOHN K. MITCHELL, Deceased, Appellant-Respondent, v. NRG ENERGY, INC., et al., Respondents-Appellants.

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

Decided February 13, 2015.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part, and dismissing the Labor Law § 200 and common-law negligence causes of action and the Labor Law § 241 (6) cause of action insofar as it is premised on the alleged violation of 12 NYCRR 23-9.7 (c), and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action, arising...

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