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VERA v. LOW INCOME MKTG. CORP.

1531, 156861/12.

145 A.D.3d 509 (2016)

2016 NY Slip Op 08318

43 N.Y.S.3d 307

CLAUDIO VERA et al., Respondents, v. LOW INCOME MARKETING CORP., Appellant-Respondent, and SKYLINE SCAFFOLDING GROUP, INC., Respondent-Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 13, 2016.

The motion court properly granted plaintiffs' motion for partial summary judgment on their Labor Law § 240(1) claim as against defendant owner LIMC, and properly denied LIMC's motion for summary judgment dismissing the Labor Law §§ 200, 240(1), and 241(6) claims as against it. The finding of the Workers' Compensation Board (WCB) that plaintiff Claudio Vera was not an "employee" of the general contractor is not entitled to preclusive effect. Plaintiff has established...

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