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VANDERWALL v. 1255 PORTLAND AVE. LLC

307 CA 14-01640

128 A.D.3d 1446 (2015)

8 N.Y.S.3d 760

2015 NY Slip Op 03959

SHANE VANDERWALL, Appellant, v. 1255 PORTLAND AVENUE LLC et al., Respondents. SPOLETA CONSTRUCTION LLC, Third-Party Plaintiff, v. HUB-LANGIE PAVING, INC., Third-Party Defendant.

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

Decided May 8, 2015.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 12, 2013. The order, among other things, granted those parts of the motions of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is modified on the law by denying those parts of the motions of defendants seeking dismissal of the Labor Law § 241 (6) claim insofar as that claim is based upon a violation...

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