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PENTA v. RELATED COMPANIES, L.P.

286 A.D.2d 674 (2001)

730 N.Y.S.2d 140

VINCENZO PENTA et al., Respondents-Appellants, v. RELATED COMPANIES, L.P., et al., Appellants-Respondents, et al., Defendants.

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

Decided September 10, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the plaintiffs' cause of action pursuant to Labor Law § 241 (6) insofar as it is based on Industrial Code regulation 12 NYCRR 23.8.1 (i), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

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