Majority
p. 1017Edward Hyslop, Respondent, v Mobil Oil Corporation, Appellant. (Action No. 1.) Edward Hyslop, Respondent, v Petr-All Petroleum Corporation, Appellant. (Action No. 2.) [753 NYS2d 416]
Motion and cross motion for renewal granted and, upon renewal, ordering paragraph and memorandum of memorandum and order entered July 3, 2002 ( 296 AD2d 827 ) are amended by providing that the order appealed from is modified on the law by granting those parts of defendants’ motions seeking summary judgment dismissing the Labor Law § 241 (6) cause of action and dismissing that cause of action (see Nagel v D & R Realty Corp., 99 NY2d 98 ) and as modified the order is affirmed with costs to plaintiff. Present — Pigott, Jr., P.J., Kehoe, Gorski, Lawton and Hayes, JJ.
Cases cited
- Hyslop v. Mobil Oil Corp. 296 AD2d 827 p. 1017
- Nagel v. D & R Realty Corp. 99 NY2d 98 p. 1017