Opinion
CA 02-00164
February 7, 2003.
PRESENT: PIGOTT, JR., P.J., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
Motion and cross motion for renewal granted and, upon renewal, ordering paragraph and memorandum of memorandum and order entered July 3, 2002 ( 296 A.D.2d 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 N.Y.2d 98) and as modified the order is affirmed with costs to plaintiff.