ACEVEDO-ESPINOSA v. RH 250 SHERMAN AVE., LLC

2023-01248. Index No. 602286/18.

230 A.D.3d 1088 (2024)

216 N.Y.S.3d 296

2024 NY Slip Op 04365

Julio Acevedo-Espinosa, Appellant, v. RH 250 Sherman Avenue, LLC, et al., Respondents.

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

Decided September 11, 2024.


Attorney(s) appearing for the Case

Sanders Aronova Grossman Woycik Viener & Kalant, PLLC, Garden City, NY (Mark R. Bernstein of counsel), for appellant.

Bartlett LLP, Melville, NY (Robert G. Vizza and Susan B. Boland of counsel), for respondents.

Iannacci, J.P., Chambers, Maltese and Wan, JJ., concur.


In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Dawn Jimenez, J.), dated January 9, 2023. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1) and denied the plaintiff's cross-motion for summary judgment on the issue of liability on that cause...

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