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GUALLPA v. CANARSIE PLAZA, LLC

2015-00266, Index No. 11427/10.

144 A.D.3d 1088 (2016)

2016 NY Slip Op 08046

42 N.Y.S.3d 293

JORGE GUALLPA, Respondent-Appellant, v. CANARSIE PLAZA, LLC, et al., Appellants-Respondents, et al., Defendants. (And Two Third-Party Actions.)

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

Decided November 30, 2016.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendants Canarsie Plaza, LLC, ACRS, Inc., and FJM-Ferro, Inc., which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against them, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof granting that branch of...

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