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PRENETA v. NORTH CASTLE, INC.

2008-05396.

2009 NY Slip Op 06415

ARTUR PRENETA, ET AL., appellants, v. NORTH CASTLE, INC., defendant third-party plaintiff-respondent; S & G PAINTING, LLC, third-party defendant-respondent.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Samuel J. Lurie, New York, N.Y. (William J. Ryan and The Breakstone Law Firm, P.C. [Jay L.T. Breakstone], of counsel), for appellants.

Kelly & Leonard, LLP, Ballston Spa, N.Y. (Thomas E. Kelly of counsel), for defendant third-party plaintiff-respondent and third-party defendant-respondent (one brief filed).

Before: William F. Mastro, J.P., Fred T. Santucci, Randall T. Eng, Plummer E. Lott, JJ.

DECISION & ORDER

ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, the plaintiffs' motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability on so much of the second cause of action as sought to recover damages for violation of Labor Law § 240(1) is granted, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages with respect thereto and the...

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