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SOUTHERTON v. CITY OF NEW YORK

2019-09354. Index No. 710345/15.

203 A.D.3d 977 (2022)

164 N.Y.S.3d 661

2022 NY Slip Op 01828

Joshua Southerton, Appellant, v. City of New York, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Brody, O'Connor & O'Connor, New York, NY (Scott A. Brody of counsel), for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY (Russell J. McBrearty of counsel), for respondent.

Dillon, J.P., Duffy, Christopher and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In October 2015, the plaintiff commenced this personal injury action against the defendant City of New York, among others, asserting causes of action alleging common-law negligence and violations of Labor Law §§ 200, 240(1) and 241(6) arising out of repair work the plaintiff was undertaking on a residence in Rockaway Beach that had been damaged by Hurricane Sandy (hereinafter the project...

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