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TORRES v. ACCUMANAGE, LLC

2018-01624. Index No. 602097/12.

210 A.D.3d 718 (2022)

177 N.Y.S.3d 644

2022 NY Slip Op 06154

Carlos O. Torres, Respondent-Appellant, v. Accumanage, LLC, Defendant/Third-Party Plaintiff-Appellant, et al., Defendant. NJM Construction, Inc., Third-Party Defendant-Respondent.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park, NY (Patrick A. Delgado and Eric Bailey of counsel), for defendant third-party plaintiff-appellant.

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Lauren E. Bryant], of counsel), for plaintiff-respondent-appellant.

Benzulli Law Firm, LLP, White Plains, NY (John V. Tait of counsel), for third-party defendant-respondent.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.

In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Nassau County (Denise L. Sher, J.), dated December 21, 2017. The order, insofar as appealed from, denied those branches of the defendant/third-party plaintiff's motion which were for summary judgment dismissing the causes of action alleging violations of Labor Law...

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