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O'KEEFE v. TISHMAN WESTSIDE CONSTRUCTION OF NEW YORK

55 A.D.3d 368 (2008)

865 N.Y.S.2d 84

PATRICK O'KEEFE et al., Plaintiffs, v. TISHMAN WESTSIDE CONSTRUCTION OF NEW YORK et al., Defendants. TISHMAN WESTSIDE CONSTRUCTION OF NEW YORK et al., Third-Party Plaintiffs-Respondents, v. PERMASTEELISA CLADDING TECHNOLOGIES, LTD., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 2008.

The motion court properly declined to vacate its prior determination in this matter. Third-party defendant not only supported defendants/third-party plaintiffs' motion for summary judgment dismissing plaintiffs' Labor Law claims, it moved for such relief itself. The court granted summary judgment dismissing plaintiffs' common-law negligence and Labor Law § 200 causes of action and a portion of plaintiff's Labor Law § 241 (6) claim, but granted defendants' motion...

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