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REYES v. EPISCOPAL SENIOR HOUS. GREECE, LLC

825 CA 22-01907.

221 A.D.3d 1563 (2023)

199 N.Y.S.3d 335

2023 NY Slip Op 05898

Miguel Reyes, Appellant, v. Episcopal Senior Housing Greece, LLC, et al., Respondents. Episcopal Senior Housing Greece, LLC, et al., Third-Party Plaintiffs-Appellants, v. Flower City Monitor Service, Ltd, et al., Third-Party Defendants-Respondents.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

PARISI & BELLAVIA, ROCHESTER (TIMOTHY C. BELLAVIA OF COUNSEL), FOR PLAINTIFF-APPELLANT.

THE LAW OFFICES OF JORDAN DIPALMA, PLLC, PALMYRA (L. DAMIEN COSTANZA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS.

BARCLAY DAMON LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Bannister, Greenwood and Nowak, JJ.

Appeals from an order and judgment (one paper) of the Supreme Court, Monroe County (Elena F. Cariola, J.), entered November 21, 2022. The order and judgment denied the motion of plaintiff for partial summary judgment on the issue of liability on the Labor Law § 240(1) claim, granted the cross-motion of third-party defendants for summary judgment and dismissed the third-party complaint.

It is hereby ordered that the...

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