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FRANCIS v. 3475 THIRD AVE. OWNER REALTY, LLC

Index No. 21991/18E Appeal No. 17385 Case No. 2022-03273.

213 A.D.3d 555 (2023)

182 N.Y.S.3d 623

2023 NY Slip Op 00951

Benedict Francis, Appellant, v. 3475 Third Avenue Owner Realty, LLC, et al., Respondents, et al., Defendants. 3475 Third Avenue Owner Realty, LLC, et al., Third-Party Plaintiffs-Respondents, v. Ideal Masonry, Inc., Third-Party Defendant-Respondent.

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

Decided February 21, 2023.

Attorney(s) appearing for the Case

Alan S. Friedman, New York, for appellant.

Gartner + Bloom, P.C., New York (Kelsey Dougherty Howard of counsel), for 3475 Third Avenue Owner Realty, LLC, Real Builders, Inc., 3475 Third Avenue Housing Development Fund Corporation and 3475 Third Avenue MM LLC, respondents.

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

Concur— Kapnick, J.P., Oing, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 1, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment with respect to his Labor Law §§ 240(1) and 241(6) causes of action against defendants/third-party plaintiffs 3475 Third Avenue Owner Realty, LLC and Real Builders, Inc. and defendants 3475 Third Avenue Housing Development Fund Corporation...

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