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CASTILLO v. WEST END TOWERS LLC

Index No. 300140/15. Appeal No. 16578. Case No. 2021-00416.

210 A.D.3d 406 (2022)

175 N.Y.S.3d 726

2022 NY Slip Op 06080

Hector Castillo, Appellant, v. West End Towers LLC et al., Respondents. West End Towers LLC et al., Third-Party Plaintiffs-Respondents, v. 39 WEA Food Group, Inc., Third-Party Defendant.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury (Anthony F. DeStefano of counsel), for respondents.

Concur—Gische, J.P., Gesmer, Oing, Kennedy, Scarpulla, JJ.

Order, Supreme Court, Bronx County (Donald A. Miles, J.), entered on or about December 8, 2020, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) claim and granted defendants' motion for summary judgment dismissing the Labor Law §§ 240(1) and 202 claims, unanimously affirmed, without costs.

Plaintiff, who sustained injuries when he fell...

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