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CONTRERAS v. MDG DESIGN & CONSTR. LLC

Index No. 25412/19E. Appeal No. 16588. Case No. 2021-02321.

210 A.D.3d 407 (2022)

175 N.Y.S.3d 727

2022 NY Slip Op 06082

Edwin Contreras et al., Appellants, v. MDG Design & Construction, LLC, et al., Respondents. MDG Design & Construction, LLC, et al., Third-Party Plaintiffs-Respondents, v. Dependable Windows Co. Inc. et al., Third-Party Defendants. Uptown 6 LLC, Second Third-Party Plaintiff-Respondent, v. Dependable Windows Co. Inc. et al., Second Third-Party Defendants.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellants.

Brody O'Connor & O'Connor, New York (Joseph T. O'Connor of counsel), for MDG Design & Construction, LLC and MPLP 6 Housing Development Fund Company, Inc., respondents.

Baxter and Smith, P.C., Hicksville (Patrick H. Thompson of counsel), for Uptown 6 LLC, respondent.

Hickey Smith Dodd LLP, New York (Christopher C. Caiazzo of counsel), for Concord Management of NY LLC, respondent.

Concur—Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 18, 2021, which, to the extent appealed from, denied plaintiffs' motion for partial summary judgment on the issue of liability on their Labor Law §§ 240(1) and 241(6) claims, unanimously affirmed, without costs.

The court correctly denied as premature plaintiffs' motion for partial summary judgment, in light of the incomplete state of discovery. There had only been limited exchange of documents...

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