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STOLOWSKI v. 234 EAST 178TH STREET LLC

12893, 8850/05

129 A.D.3d 512 (2015)

12 N.Y.S.3d 28

2015 NY Slip Op 05099

EUGENE STOLOWSKI et al., Respondents, v. 234 EAST 178TH STREET LLC, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided June 16, 2015.

The motion court properly declined to dismiss the portion of plaintiffs' General Municipal Law § 205-a claims predicated on an alleged violation of Labor Law § 27-a (3) (a) (1). The City unavailingly contends that Labor Law § 27-a (3) (a) (1) cannot provide a valid predicate for any General Municipal Law § 205-a claim. However, the statute, known as the Public Employee Safety and Health Act (PESHA), which imposes a general duty on an employer to provide...

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