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CRUZ v. 451 LEXINGTON REALTY, LLC

2020-00765. Index No. 502710/13.

218 A.D.3d 733 (2023)

193 N.Y.S.3d 238

2023 NY Slip Op 03905

Johnny Cruz, Appellant, v. 451 Lexington Realty, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. City Limits Group, Inc., Third-Party Defendant/Second Third-Party Plaintiff-Respondent, and Flintlock Construction Services, LLC, Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendant.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Rimland & Associates, New York, NY (Edward Rimland and Julie T. Mark of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York, NY (David P. Feehan of counsel), for defendants third-party plaintiffs-respondents and second third-party defendant-respondent.

Litchfield Cavo, LLP, New York, NY (Louis F. Eckert and Rachel S. Trauner of counsel), for third-party defendant/second third-party plaintiff-respondent.

Dillon, J.P., Connolly, Chambers and Wooten, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated December 16, 2019. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6), granted that branch of the cross-motion of the defendants/third-party plaintiffs...

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