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CARR v. McHUGH PAINTING CO., INC.

193 CA 14-01267

126 A.D.3d 1440 (2015)

7 N.Y.S.3d 739

2015 NY Slip Op 02584

DANIEL CARR et al., Respondents, v. McHUGH PAINTING CO., INC., Appellant, et al., Defendant.

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

Decided March 27, 2015.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered May 27, 2014. The order, inter alia, denied the motion of defendant McHugh Painting Co., Inc. for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant McHugh Painting Co., Inc., and dismissing the Labor Law §...

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