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MILLER v. R.L.T. PROPS., LTD.

2019-10357, Index No. 32093/12.

206 A.D.3d 648 (2022)

169 N.Y.S.3d 127

2022 NY Slip Op 03510

Michael H. Miller, Appellant-Respondent, v. R.L.T. Properties, Ltd., Defendant, and Levittown Fish Market, Incorporated, Respondent-Appellant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Dell & Dean (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren Bryant ], of counsel), for appellant-respondent.

Law Offices of Martyn, Martyn, Smith & Murray, Hauppauge, NY ( Catherine M. Martyn of counsel), for repondent-appellant.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Levittown Fish Market, Incorporated, which was for summary judgment dismissing so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon 12 NYCRR 23-1.7(d) insofar as asserted against it, and substituting therefor a provision denying that branch of the ...

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