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CANTINERI v. CARRERE

60 A.D.3d 1331 (2009)

875 N.Y.S.2d 417

MICHAEL CANTINERI, Appellant, v. FREDERIC CARRERE, Doing Business as HOME WORKS BUILDERS, Respondent and Third-Party Plaintiff. ROB CARD, Doing Business as R.C. DRYWALL & PAINTING, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the cross motion seeking summary judgment dismissing the Labor Law § 240 (1) cause of action and the Labor Law § 241 (6) cause of action insofar as it is premised upon the alleged violation of 12 NYCRR 23-1.8 (c) (1) and reinstating the Labor Law § 240 (1) cause of action and the Labor Law § 241 (6) cause of action to that extent and as modified...

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