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Edward Cunningham, III v. LeChase Construction, Frederico Wrecking Co., Inc., Third-Party v. Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent. LeChase Construction Services, LLC, Third-Party v. Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motions of defendants-third-party plaintiffs and third-party defendant seeking summary judgment dismissing the Labor Law § 240 (1) claim and the Labor Law § 241 (6) claim to the extent that it is premised on a violation of 12 NYCRR 23-3.3 (h), reinstating those claims and denying that part of the motion of third-party defendant seeking summary judgment dismissing the third-party complaints and reinstating the third-party complaints, and as modified the order is affirmed without costs (see Charney v LeChase Constr., 90 AD3d 1477 [2011]).
Present — Scudder, EJ., Smith, Centra, Green and Gorski, JJ.