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RODRIGUEZ v. ANTILLANA & METRO SUPERMARKET CORP.

10119, 301012/14.

176 A.D.3d 597 (2019)

111 N.Y.S.3d 16

2019 NY Slip Op 07714

Randy Polanco Rodriguez, Appellant, v. Antillana & Metro Supermarket Corp., Doing Business as Antillana Superfood Supermarket, et al., Respondents. (And a Third-Party Action.).

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Christopher J. Soverow of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Valhalla (Rebecca A. Barrett of counsel), for Antillana & Metro Supermarket Corp., respondent.

Black Marjieh & Sanford, LLP, Elmsford (Sheryl A. Sanford of counsel), for Boss Realty Company, LLC, respondent.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

Plaintiff alleges that he was injured while installing a refrigeration condenser unit at premises owned by Boss and leased by Antillana. We find that the motion court improperly granted Antillana's motion for summary judgment dismissing the Labor Law § 241(6) claim. Plaintiff was engaged in an activity within the purview of Labor Law § 241(6). Plaintiff worked at the subject premises during the build-out installing three refrigeration system condensers, which weighed...

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