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TUCKER v. EDGEWATER CONSTRUCTION CO., INC.

281 A.D.2d 865 (2001)

722 N.Y.S.2d 189

STEPHEN K. TUCKER et al., Appellants, v. EDGEWATER CONSTRUCTION CO., INC., et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We modify the order by denying those parts of defendants' cross motions seeking summary judgment dismissing the Labor Law § 241 (6) claim and by reinstating that claim. The Labor Law § 241 (6) claim is premised (see generally, Ross v Curtis-Palmer Hydro-Elec. Co., 81...

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