Baten v. Wehuda

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered September 25, 2000, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment to the extent that it sought dismissal of plaintiffs Labor Law § 241 (6) claim and his common-law negligence claim, unanimously affirmed, without costs.

In light of the prior notice given appellants of plaintiffs Labor Law § 241 (6) claim (see, Rosinsky v Angel Orensanz Found., 253 AD2d 661), the fact that the claim was not plainly lacking in merit (cf., Del Rosario v 114 Fifth Ave. Assocs., 266 AD2d 162), and the absence…