Appellate Division of the Supreme Court of the State of New York December 15, 1998 (Mendoza v. Marche Libre Associates)

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 22, 1997, which, inter alia, granted the motion of defendant McDee Construction to dismiss plaintiff’s Labor Law § 241 (6) cause of action, unanimously affirmed, without costs.

The motion court properly dismissed plaintiff’s Labor Law § 241 (6) cause of action predicated upon violations of 12 NYCRR 23-1.7 (e) and 23-2.1 (b).