Laudisio v. Diamond "D" Construction Corp.

Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered July 23, 2002, which granted defendant’s motion for summary judgment dismissing the common-law negligence cause of action and the Labor Law § 200 claim and denied plaintiffs’ cross motion to strike the Workers’ Compensation Law affirmative defense.

It is hereby ordered that the order so appealed from be and *1179the same hereby is reversed on the law without costs, the motion is denied, the common-law negligence cause of action and Labor Law § 200 claim are reinstated, the cross motion is granted and the Workers’ Compensation…