VITOLO v. CITY OF NEW YORK

15251, 305451/11

128 A.D.3d 614 (2015)

11 N.Y.S.3d 12

2015 NY Slip Op 04563

DOMINICK VITOLO, Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 28, 2015.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 23, 2014, which, insofar as appealed from, denied defendants' motion for summary judgment dismissing so much of plaintiff's Labor Law § 241 (6) cause of action as is predicated on Industrial Code (12 NYCRR) § 23-5.1 (h), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

12 NYCRR 23-5.1 (h) provides that "...

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