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ALBERICO v. RIVERSIDE UNIT C, LLC

Index No. 154621/16. Appeal No. 799. Case No. 2022-02343.

220 A.D.3d 504 (2023)

198 N.Y.S.3d 26

2023 NY Slip Op 05220

Amanda Alberico, Respondent, v. Riverside Unit C, LLC, Appellant, and A.T.C. Construction Group Corp. et al., Respondents, et al., Defendants.

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

Decided October 17, 2023.

Attorney(s) appearing for the Case

The Law Office of Eric D. Feldman, New York (Michael J. Kozoriz of counsel), for appellant.

Siegel & Coonerty, LLP, New York (Michael Peters of counsel), for Amanda Alberico, respondent.

Brody, O'Connor & O'Connor, New York (Magdalene P. Skountzos of counsel), for A.T.C. Construction Group Corp. and Anthony Thomas Chau Construction Group Corp., respondents.

Concur—Webber, J.P., Oing, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about May 19, 2022, which, to the extent appealed from, denied defendant-appellant Riverside Unit C, LLC's motion for summary judgment dismissing the complaint and cross-claims as against it, unanimously affirmed, without costs.

The motion court correctly determined that the claims against Riverside were not barred by the exclusivity provisions of the Workers' Compensation Law because nothing...

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