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GAMEZ v. SANDY CLARKSON LLC

Index No. 28003/17. Appeal No. 996. Case No. 2022-02063.

221 A.D.3d 453 (2023)

199 N.Y.S.3d 50

2023 NY Slip Op 05685

Heber Gamez, Appellant, v. Sandy Clarkson LLC et al., Respondents, et al., Defendants. Sandy Clarkson LLC et al., Third-Party Plaintiffs-Respondents/Second Third-Party Plaintiffs-Respondents, v. Kingstone Builders Inc., Second Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant.

Kaufman, Dolowich & Voluck, LLP, New York (Yousra A. Depalama of counsel), for Sandy Clarkson LLC and McAlpine Contracting Co., respondents.

O'Connor Redd Orlando LLP, Port Chester (Peter Urreta of counsel), for Kingstone Builders Inc., respondent.

Concur— Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about April 20, 2022, which, to the extent appealed from, denied the branches of plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim and summary judgment dismissing defendants' affirmative defenses alleging assumption of risk and comparative negligence, unanimously modified, on the law, to grant so much of the motion as sought summary judgment dismissing defendants' assumption...

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