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OTERO v. 635 OWNER LLC

26472/15E. Appeal No. 16610. Case No. 2021-02183.

210 A.D.3d 435 (2022)

177 N.Y.S.3d 572

2022 NY Slip Op 06172

Jorge Victoria Otero, Respondent, v. 635 Owner LLC et al., Appellants, and Montec Interiors, Inc., et al., Respondents, et al., Defendants. JRM Construction Management, LLC, Third-Party Plaintiff-Appellant, v. Montec Interiors, Inc., Third-Party Defendant-Respondent.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York (C. Briggs Johnson of counsel), for appellants.

Lawrence B. Goodman, New York, for Jorge Victoria Otero, respondent.

Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for Montec Interiors, Inc., respondent.

Varvaro, Cotter, & Bender, White Plains (Rose M. Cotter of counsel), for Infor (GA), Inc., respondent.

Concur—Acosta, P.J., Kapnick, Mazzarelli, González, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 28, 2021, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the issue of liability on the Labor Law § 240(1) claim against defendant 635 Owner LLC (635) and defendant/third-party plaintiff JRM Construction Management, LLC (JRM) and denied the motion as against defendant Infor (GA), Inc. (Infor), granted Infor's motion for summary...

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