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NAZARIO v. 222 BROADWAY, LLC

No. 225 SSM 29.

28 N.Y.3d 1054 (2016)

65 N.E.3d 1286

43 N.Y.S.3d 251

2016 NY Slip Op 07823

JUSTIN NAZARIO, Respondent, v. 222 BROADWAY, LLC, et al., Respondents. 222 BROADWAY, LLC, et al., Third-Party Plaintiffs-Respondents, v. KNIGHT ELECTRICAL SERVICES CORP., Third-Party Defendant-Appellant. (And Other Third-Party Actions.)

Court of Appeals of New York.

Decided November 21, 2016.

Attorney(s) appearing for the Case

O'Connor Redd LLP, Port Chester (Amy L. Fenno of counsel), for third-party defendant-appellant.

Arye, Lustig & Sassower, P.C., New York City (D. Carl Lustig, III of counsel), for Justin Nazario, respondent.

Lawrence, Worden, Rainis & Bard, P.C., Melville (Leslie McHugh of counsel), for 222 Broadway, LLC, and another, respondents/third-party plaintiffs-respondents.

Cerussi & Spring, White Plains (Thomas F. Cerussi of counsel), for Lime Energy Co., respondent.

OPINION OF THE COURT

The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by denying plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim and remitting the case to the Appellate Division for consideration of the issues raised but not determined on the appeal to that Court, and, as so modified, affirmed, and the certified question should be answered in the negative...

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