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Hammond v. Alekna Construction, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1039 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Oneida County, Tenney, J.

Present — Pine, J.P., Wesley, Callahan, Davis and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiff's Labor Law § 241 (6) causes of action against defendants Alekna Construction, Inc., Stetson-Harza, Inc., also known as Harza Northeast, Inc., and Joseph A. Giruzzi, Inc., doing business as Joseph A. Giruzzi Son. At the time she was allegedly injured, plaintiff was working as a secretary for the Utica City School District and, therefore, was "not engaged in a protected activity within Labor Law * * * § 241 (6)" (Warsaw v. Eastern Rock Prods., 193 A.D.2d 1115; see, Jock v. Fien, 80 N.Y.2d 965, 967; Mordkofsky v. V.C.V. Dev. Corp., 76 N.Y.2d 573, 576-577; Malczewski v. Cannon Design, 125 A.D.2d 941, 942).


Summaries of

Hammond v. Alekna Construction, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1039 (N.Y. App. Div. 1996)
Case details for

Hammond v. Alekna Construction, Inc.

Case Details

Full title:GINA M. HAMMOND, Appellant, v. ALEKNA CONSTRUCTION, INC., et al.…

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

Date published: Feb 2, 1996

Citations

224 A.D.2d 1039 (N.Y. App. Div. 1996)
637 N.Y.S.2d 948

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