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QUIROS v. FIVE STAR IMPROVEMENTS, INC.

1144 CA 15-00464.

134 A.D.3d 1493 (2015)

22 N.Y.S.3d 736

2015 NY Slip Op 09713

MARCUS QUIROS, Respondent, v. FIVE STAR IMPROVEMENTS, INC., Appellant.

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

Decided December 31, 2015.

It is hereby ordered that the judgment and order so appealed from is unanimously modified on the law by denying plaintiff's motion, and as modified the judgment and order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law action to recover damages for injuries he sustained while using a nail gun to install a new roof at a residential home. With respect to his Labor Law § 241 (6) cause of action, plaintiff alleged that, while using the nail...

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