DOTO v. ASTORIA ENERGY II, LLC

2013-09187

129 A.D.3d 660 (2015)

11 N.Y.S.3d 201

2015 NY Slip Op 04605

VICTOR DOTO, Appellant, v. ASTORIA ENERGY II, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. NEWTRON HEAT TRACE, LLC, Third-Party Defendant-Respondent.

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

Decided June 3, 2015.


In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated July 8, 2013, as denied his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1), and granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint.

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