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ESPINOSA v. AZURE HOLDINGS II, LP

58 A.D.3d 287 (2008)

869 N.Y.S.2d 395

LUIS ESPINOSA, Appellant, v. AZURE HOLDINGS II, LP, et al., Defendants, and PYRGOS CONSTRUCTION et al., Respondents. (And a Third-Party Action.)

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

December 4, 2008.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York City (John M. Shaw of counsel), for appellant.

Armenakis & Armenakis, New York City (Amy D. Carlin and James J. Armenakis of counsel), for Pyrgos Construction, respondent.

Carol R. Finocchio, New York City, and Law Office of Thomas K. Moore, White Plains (Marie R. Hodukavich of counsel), for Strategic Construction Corp., respondent.

Concur: LIPPMAN, P.J., CATTERSON and MOSKOWITZ, JJ.

OPINION OF THE COURT

FRIEDMAN, J.

Plaintiff, a worker on a gut rehabilitation project, was injured when the sidewalk on which he was standing collapsed due to the failure of the cellar vault below it. On this appeal, plaintiff argues that he should have been granted summary judgment as to liability on his Labor Law § 240 (1) cause of action based on this incident, while defendants argue that the IAS court...

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