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GONZALEZ v. CITY OF NEW YORK

269 A.D.2d 493 (2000)

703 N.Y.S.2d 259

ROBERTO GONZALEZ et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants, and ALIANCE MORTGAGE BANKING CORP., Defendant and Third-Party Plaintiff-Respondent. VAN WAGNER COMMUNICATIONS, Third-Party Defendant-Respondent.

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

Decided February 22, 2000.

Ordered that the judgment is modified, on the law, by deleting the provision thereof which dismissed the cause of action based on Labor Law § 240 (1) insofar as asserted against the defendant City of New York; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, that branch of the motion of the defendant City of New York which was for summary judgment dismissing the plaintiffs' cause of action based on Labor Law § 240...

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