McMahon v. Durst

—Order, Supreme Court, New York County (Carol Huff, J.), entered on or about December 7, 1994, which granted defendant and third-party plaintiff Structure Tone, Inc.’s motion to dismiss the second cause of action pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs; appellants’ appeal with respect to the respondents Durst and Stefel who were granted similar relief, has been withdrawn by stipulation dated October 26, 1995.

The IAS Court properly concluded that an allegation of a violation of 12 NYCRR 23-1.33 cannot support a claim under Labor Law § 241 (6), since that regulation…