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MEJIA v. 69 MAMARONECK ROAD CORP.

2019-10893. Index No. 63575/17.

203 A.D.3d 815 (2022)

164 N.Y.S.3d 207

2022 NY Slip Op 01449

Roger Mejia, Appellant, v. 69 Mamaroneck Road Corp. et al., Respondents. (And a Third-Party Action.)

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York, NY (John M. Shaw of counsel), for appellant.

Richard E. Hershenson, New York, NY, for respondents.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) is granted.

The plaintiff commenced this action to recover damages for personal injuries allegedly sustained when he fell through an open hole in a roof that was cut for...

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