Gonzalez v. Perkan Concrete Corp.

Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the defendants’ motion which were for summary judgment dismissing so much of the cause of action pursuant to Labor Law § 241 (6) as was based on alleged violations of Industrial Code (12 NYCRR) §§ 23-9.5 (g) and 23-9.2 (a), and substituting therefor provisions denying those branches of the defendants’ motion, and (2) by deleting the provision thereof granting that branch of the defendants’ motion which was for summary judgment dismissing the cause of action to recover damages for…