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SALERNO v. DIOCESE OF BUFFALO, N.Y.

330 CA 17-01548.

161 A.D.3d 1522 (2018)

76 N.Y.S.3d 347

2018 NY Slip Op 03251

James Salerno et al., Respondents-Appellants, v. The Diocese of Buffalo, N.Y., et al., Appellants-Respondents, et al., Defendants.

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

Decided May 4, 2018.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion with respect to the Labor Law § 241 (6) claim insofar as

[161 A.D.3d 1523]
it is based on the alleged violation of 12 NYCRR 23-1.5 (c) (3) and reinstating that claim to that extent, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly...

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