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FERGUSON v. DURST PYRAMID, LLC

Index No. 161274/14. Appeal No. 15945. Case No. 2021-01635.

205 A.D.3d 518 (2022)

169 N.Y.S.3d 253

2022 NY Slip Op 03210

Shondel Ferguson et al., Respondents, v. Durst Pyramid, LLC, et al., Appellants.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, New York (Adrienne Yaron of counsel), for appellants.

Sacks and Sacks LLP, New York (Scott Singer of counsel), for respondents.

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

Even assuming defendants exercised due diligence in producing the new facts in support of their motion to renew the parties' motions for summary judgment as to the Labor Law §§ 240(1) and 241(6) claims after the prior appeal (see Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 377 [1st Dept 2001]; CPLR 2221[e]), they failed to offer reasonable justification for their failure to present those facts on the...

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