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WINTERS v. UNILAND DEVELOPMENT CORPORATION

122 CA 18-00328.

174 A.D.3d 1293 (2019)

105 N.Y.S.3d 728

2019 NY Slip Op 05440

Terence Winters et al., Appellants, v. Uniland Development Corporation et al., Respondents, et al., Defendant. Uniland Development Corporation et al., Third-Party Plaintiffs-Respondents, v. J&N Services Corporation, Third-Party Defendant-Respondent.

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

Decided July 5, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion of defendants-third-party plaintiffs Uniland Development Corporation and Uniland Construction Corporation (defendants) with respect to the Labor Law § 241(6) claim insofar as that claim is predicated on alleged violations of 12 NYCRR 23-1.13(b)(4) and 23-3.2(a)(2) and (3) and reinstating the Labor Law § 241(6) claim against them to that extent...

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