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FAZAL v. KAHEN

109959/06, Motion Sequence No. 002.

2009 NY Slip Op 32891 (U)

MOHAMMAD FAZAL and MERCEDITA FAZAL, Plaintiffs, Index No. ALBERT KAHEN, EIFFEL MANAGEMENT, INC., ALEXIS DEVELOPMENT CORP., and MENALLI & CO., INC., Defendants. ALBERT KAHEN, ALEXIS DEVELOPMENT INC., and EIFFEL MANAGEMENT, INC., Third-Party Plaintiffs, v. M & Z CONSTRUCTION COMPANY, Third-Party Defendants.

Supreme Court, New York County.

December 10, 2009.

Decision and Order

MICHAEL D. STALLMAN, Judge.

In this action to recover monetary damages for an alleged workplace injury, defendant Albert Kahen (Kahen) moves, pursuant to CPLR 3211 (a) (1) or (a) (7), to dismiss the action or alternatively, for summary judgment (CPLR 3212) dismissing the action as to him.

Plaintiffs cross-move for summary judgment on their Labor Law § 240 (1) claim, as well as dismissal of the third...

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