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COELHO v. CITY OF NEW YORK

2018-00826, Index No. 707796/16.

176 A.D.3d 1162 (2019)

112 N.Y.S.3d 270

2019 NY Slip Op 07764

Jose Coelho et al., Respondents, v. City of New York, Appellant.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York, NY (David H. Schultz of counsel), for appellant.

Antin, Ehrlich & Epstein, LLP, New York, NY (Scott W. Epstein of counsel), for respondents.

Mastro, J.P., Leventhal, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is granted, and an order of the same court (Ulysses B. Leverett, J.), entered November 16, 2018, inter alia, denying the defendant's subsequent motion for summary judgment dismissing the complaint, is vacated.

The plaintiff Jose Coelho (hereinafter the plaintiff) was employed as a foreman for nonparty ECCO III Enterprises, Inc., a contractor...

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