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GIZA v. NEW YORK CITY SCHOOL CONSTR. AUTH.

22 A.D.3d 800 (2005)

803 N.Y.S.2d 162

ANDRZEJ GIZA, Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Defendant, and NEW YORK CITY BOARD OF EDUCATION et al., Defendants and Third-Party Plaintiffs-Appellants. NATIONAL ENVIRONMENTAL SAFETY COMPANY, INC., Third-Party Defendant-Appellant.

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

October 31, 2005.

Ordered that the appeal by the defendant third-party plaintiff New York City Board of Education is dismissed as that appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Labor Law § 241 (6) "imposes a nondelegable duty upon owners and contractors to provide reasonable...

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