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PRIMOSCH v. PEROXYCHEM, LLC

556 CA 22-01298.

219 A.D.3d 1154 (2023)

194 N.Y.S.3d 400

2023 NY Slip Op 04286

Steven Primosch et al., Respondents, v. Peroxychem, LLC, Appellant.

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( PAUL D. MCCORMICK OF COUNSEL), FOR DEFENDANT-APPELLANT.

CARL W. MORGAN, P.C., HAMBURG ( CARL W. MORGAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Peradotto, Lindley, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Lynn W. Keane, J.), entered June 3, 2022. The order, insofar as appealed from, upon reargument, adhered to a prior determination denying those parts of the cross-motion of defendant for summary judgment dismissing the Labor Law §§ 240(1) and 241(6) claims and granted plaintiffs summary judgment on their Labor Law § 240 (1) claim.

It is hereby ordered...

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