Modeste v. Mega Contracting, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 27, 2005, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ motions for summary judgment dismissing plaintiffs claims under Labor Law § 240 (1) and § 241 (6), and denied plaintiffs cross motion for summary judgment on her section 240 (1) claim, unanimously modified, on the law, to deny defendants’ motions with respect to the Labor Law § 241 (6) claim insofar as it is based on 12 NYCRR 23-9.8 (a) and (b), and otherwise affirmed, without costs.
Plaintiff’s decedent was thrown from the…
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