ALATI v. DIVIN BLDRS., INC.

84 CA 15-00615.

137 A.D.3d 1577 (2016)

27 N.Y.S.3d 747

2016 NY Slip Op 01938

ANTHONY JOSEPH ALATI, Respondent, v. DIVIN BUILDERS, INC., Appellant, and MICHAEL FRIERY, Doing Business as VIPER SIDING, Respondent, et al., Defendants.

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

Decided March 18, 2016.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the cross motion of defendant Divin Builders, Inc. for summary judgment dismissing plaintiff's common-law negligence and Labor Law §§ 200 and 241 (6) causes of action against it except insofar as the section 241 (6) cause of action is based on the alleged violation of 12 NYCRR 23-1.21 (b) (1) and (3) (iv), and

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