EXLEY v. CASSELL VACATION HOMES, INC.

2020-04183. Index No. 1829/18.

209 A.D.3d 839 (2022)

175 N.Y.S.3d 579

2022 NY Slip Op 05840

Bruce Exley, Respondent, v. Cassell Vacation Homes, Inc., Appellant.

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

Decided October 19, 2022.


Attorney(s) appearing for the Case

Kenney Shelton Liptak Nowak LLP, Buffalo, NY (Nelson E. Schule, Jr., of counsel), for appellant.

Foulke Law Firm, Goshen, NY (Evan M. Foulke of counsel), for respondent.

Dillon, J.P., Connolly, Christopher and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated May 1, 2020. The order, insofar as appealed from, granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1), and denied the defendant's cross motion for summary judgment dismissing the...

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