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MONTENEGRO v. P12, LLC

2014-08939

130 A.D.3d 695 (2015)

13 N.Y.S.3d 241

2015 NY Slip Op 05919

MARCO E. MONTENEGRO, Appellant, v. P12, LLC, Respondent.

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

Decided July 8, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6) insofar as it was predicated upon 12 NYCRR 23-1.8 (a) is denied.

The plaintiff was employed as a carpenter on a renovation project at premises owned by the defendant. The plaintiff alleged...

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