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MURPHY v. 80 PINE, LLC

2019-08624. Index No. 500094/15.

208 A.D.3d 492 (2022)

173 N.Y.S.3d 552

2022 NY Slip Op 04811

Daniel Murphy et al., Respondents, v. 80 Pine, LLC, et al., Respondents-Appellants, Bigman Brothers, Inc., Respondent, and United States Information Systems, Inc., Appellant-Respondent, et al., Defendants.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY (John L. Marsigliano of counsel), for appellant-respondent.

Barry McTiernan & Moore LLC, New York, NY (Laurel A. Wedinger of counsel), for respondents-appellants 80 Pine, LLC, Structure Tone, Inc., and Rudin Management Co., Inc.

Kevin P. Westerman, Garden City, NY (Jonathan R. Walsh and Georgia S. Alikakos of counsel), for respondent-appellant USIS Electric, Inc.

Fortunato & Fortunato, PLLC, Brooklyn, NY (Louis A. Badolato and Annamarie Fortunato of counsel), for plaintiffs-respondents.

Russo & Toner, LLP, New York, NY (Theresa C. Villani of counsel), for defendant-respondent.

Brathwaite Nelson, J.P., Chambers, Roman and Zayas, JJ., concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the motion of the defendant United States Information Systems, Inc., which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence and so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon 12 NYCRR 23-1.7(e)(1) and (2) and 23-1.30 insofar as asserted...

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