St. John v. Westwood-Squibb Pharmaceuticals, Inc.

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered December 16, 2014. The order, among other things, denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant’s motion in part and dismissing the Labor Law § 241 (6) cause of action insofar as it is premised upon the alleged violation of 12 NYCRR 23-1.7 (d) and (e) (1) and (2), and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and…