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AGUILERA v. PISTILLI CONSTRUCTION & DEVELOPMENT CORP.

63 A.D.3d 763 (2009)

882 N.Y.S.2d 148

MAXIMILIANO ARIEL AGUILERA, Respondent, v. PISTILLI CONSTRUCTION & DEVELOPMENT CORP. et al., Defendants, and TEX DEVELOPMENT CO., LLC, Appellant.

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

Decided June 9, 2009.

Ordered that the order dated February 8, 2008 is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to so much of the original determination in the order dated July 19, 2007, as denied that branch of the motion of the defendant Tex Development Co., LLC, which was for summary judgment dismissing the Labor Law § 241 (6) cause of action insofar as asserted against it to the extent it is based on a violation of 12 NYCRR 23-1.7 (d) and...

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