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SOTELO v. TRM CONTRACTING, LP

Index Nos. 150865/16, 595676/17, 595871/19, 595006/20. Appeal No. 17119. Case No. 2021-03836.

212 A.D.3d 488 (2023)

183 N.Y.S.3d 21

2023 NY Slip Op 00190

Cristian Sotelo, Appellant, v. TRM Contracting, LP, et al., Respondents. (And Third-Party Actions.)

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

Decided January 17, 2023.

Attorney(s) appearing for the Case

Law Office of Ephrem J. Wertenteil, New York (Ephrem J. Wertenteil of counsel), for appellant.

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

Concur— Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about September 30, 2021, which, to the extent appealed from, denied plaintiff's motion for summary judgment on liability on his Labor Law claims, unanimously reversed, on the law, without costs, and plaintiff granted summary judgment on liability on his Labor Law § 240(1) claim.

Contrary to defendants' contention, plaintiff's motion was not premature. Defendants failed to demonstrate that...

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