| Caradori v Med Inn Ctrs. of Am. |
| 2004 NYSlipOp 03502 |
| Decided on April 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 30, 2004
MOTION NO. (369/04) CA 03-01407.
[*1]JOANNE CARADORI, PLAINTIFF-APPELLANT,
v
MED INN CENTERS OF AMERICA, LLC, CANNON DESIGN, INC., AND S. FEDEROWICZ CONCRETE CONSTRUCTION, INC., DEFENDANTS-APPELLANTS.
Motions for reargument granted and, upon reargument, the ordering paragraph of the memorandum and order entered March 19, 2004 is amended by providing that the Labor Law § 200 and common-law negligence causes of action are reinstated against defendant S. Federowicz Concrete Construction, Inc. and the Memorandum is amended by deleting the first sentence of the last paragraph and substituting the following sentence: "Lastly, the court also erred in granting that part of the cross motion of S. Federowicz for summary judgment dismissing plaintiff's causes of action under Labor Law § 200 and for common-law negligence against it" and deleting from the last sentence "defendants" and substituting "S. Federowicz."
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, HURLBUTT, AND GORSKI, JJ. (Filed Apr. 30, 2004.)