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MENA v. 5 BEEKMAN PROPERTY OWNER LLC

Index Nos. 23506/13E, 43074/14E. Appeal No. 17077-17078. Case Nos. 2021-03638, 2021-04598.

212 A.D.3d 466 (2023)

183 N.Y.S.3d 17

2023 NY Slip Op 00161

Heriberto Mena, Appellant, v. 5 Beekman Property Owner LLC et al., Respondents/Third-Party Plaintiffs-Respondents. Everest Scaffolding Inc., Third-Party Defendant-Appellant, and Smith Restoration, Inc., Third-Party Defendant-Respondent.

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

Ginarte Gallardo Gonzalez & Winograd LLP, New York (Timothy Norton of counsel), for Heriberto Mena, appellant.

Fuchs Rosenzweig PLLC, New York (Cheryl Fuchs of counsel), for Everest Scaffolding Inc., appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Guy Des Rosiers of counsel), for Smith Restoration, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Llinét M. Rosado, J.), entered on or about September 7, 2021, which denied plaintiff's motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims, unanimously reversed, on the law, without costs, and the motion granted as to liability on the Labor Law § 240(1) claim. Order, same court and Justice, entered on or about September 7, 2021, which denied third-party defendant Everest Scaffolding Inc....

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