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PHILLIPS v. BURGIO & CAMPOFELICE, INC.

1292 CA 19-00847.

181 A.D.3d 1276 (2020)

121 N.Y.S.3d 473

2020 NY Slip Op 01831

Charles Phillips, Appellant, v. Burgio & Campofelice, Inc., Respondent.

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

Decided March 13, 2020.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the Labor Law § 240 (1) cause of action and the Labor Law § 241 (6) cause of action except insofar as it is premised on the alleged violation of 12 NYCRR 23-3.3(b)(3) and as modified the order is affirmed without costs.

Memorandum: Plaintiff was allegedly injured while working...

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