CANNING v. RFD 82ND STREET, L. L. C.


285 A.D.2d 439 (2001)

727 N.Y.S.2d 336

GREGORY E. CANNING, Appellant, v. RFD 82ND STREET, L. L. C., et al., Respondents.

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

Decided July 2, 2001.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was to dismiss the cause of action to recover damages based on violations of Labor Law § 241 (6), and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff claims that he was walking in a clear path between...

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