Majority
p. 1017Jamie Farmer, Respondent-Appellant, v Central Hudson Gas & Electric Corporation, Appellant-Respondent. [753 NYS2d 418]
Motion for reargument and renewal granted and, upon reargument and renewal, ordering paragraph and memorandum of memorandum and order entered November 15, 2002 ( 299 AD2d 856 ) are amended by providing that the order appealed from is further modified by granting those parts of defendant’s motion seeking summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims and dismissing those
p. 1018
claims (see Nagel v D & R Realty Corp., 99 NY2d 98 ) and by denying as moot that part of plaintiffs cross motion seeking leave to supplement the bill of particulars to allege a violation of 12 NYCRR 23-1.16. Present — Wisner, J.P., Hurlbutt, Scudder, Gorski and Lawton, JJ.
Cases cited
- Farmer v. Central Hudson Gas & Electric Corp. 299 AD2d 856 p. 1017
- Nagel v. D & R Realty Corp. 99 NY2d 98 p. 1018