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JOHNSON v. EBIDENERGY, INC.

60 A.D.3d 1419 (2009)

875 N.Y.S.2d 677

DAVID M. JOHNSON et al., Respondents, v. EBIDENERGY, INC., et al., Appellants, et al., Defendant. EBIDENERGY, INC., Third-Party Respondent, v. KVA ELECTRIC, Third-Party Defendant, and AMS CONTRACTING et al., Third-Party Defendants-Appellants. YONDER FARMS FRUIT DISTRIBUTORS, LLC, Third-Party Plaintiff-Respondent, v. KVA ELECTRIC, Third-Party Defendant, and AMS CONTRACTING et al., Third-Party Defendants-Appellants. (Action No. 1.) GEORGE D. JOHNSON, Respondent, v. EBIDENERGY, INC., et al., Appellants. (And Two Third-Party Actions.) (Action No. 2.)

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 granting in part the cross motion in action No. 1 and dismissing the third-party complaints against third-party defendants AMS Contracting and George D. Johnson, and by granting in part the motions in action No. 2 and dismissing the Labor Law §§ 200 and 241 (6) causes of action and as modified the order is affirmed without costs.

Memorandum: David M. Johnson (David...

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