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FINOCCHI v. LIVE NATION INC.

267 CA 20-00692.

204 A.D.3d 1432 (2022)

167 N.Y.S.3d 280

2022 NY Slip Op 02680

Carmen J. Finocchi, Jr., et al., Appellants, v. Live Nation Inc. et al., Respondents. (Appeal No. 1.)

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

CONNORS LLP, BUFFALO (LAWLOR F. QUINLAN, III, OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GOLDBERG SEGALLA LLP, BUFFALO, MAURO LILLING NAPARTY LLP, WOODBURY (ANTHONY F. DESTEFANO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the posttrial motion is granted, the verdict is set aside, the Labor Law § 240(1) claim is reinstated, judgment on liability is granted to plaintiffs on that claim, and a new trial is granted on damages only.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Carmen...

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