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CAGUANA v. BEACH 22, LLC

2021-00332. Index No. 700857/18.

219 A.D.3d 1299 (2023)

195 N.Y.S.3d 536

2023 NY Slip Op 04569

Luis Caguana, Appellant, v. Beach 22, LLC, et al., Defendants, and Sunny Builders NY Corp., Respondent.

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

Lipsig Shapey Manus & Moverman, P.C., New York, NY (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Michael H. Zhu], of counsel), for appellant.

Furman, Kornfeld & Brennan LLP, New York, NY (Andrew Kowlowitz and Daniel Butler of counsel), for respondent.

Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Darrell L. Gavrin, J.), entered January 4, 2021. The order denied the plaintiff's motion for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6) insofar as asserted against the defendant Sunny Builders NY Corp.

Ordered that the appeal is dismissed as academic,...

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