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IZZO v. AEW CAPITAL MANAGEMENT

288 A.D.2d 268 (2001)

733 N.Y.S.2d 201

LUIGI IZZO et al., Appellants, v. AEW CAPITAL MANAGEMENT, Defendant, ESTERIDGE PROPERTIES CORP., Respondent, and STARWOOD HOTELS & RESORTS, Defendant and Third-Party Plaintiff-Respondent. HUDSON SHATZ PTG. CO., INC., et al., Third-Party Defendants-Respondents.

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

Decided November 13, 2001.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion is granted.

The Supreme Court improperly denied the plaintiffs' motion for summary judgment on the issue of liability on the cause of action predicated upon Labor Law § 240 (1) insofar as asserted against the defendants Esteridge Properties Corp. and Starwood Hotels & Resorts (hereinafter the defendants). Since the injured plaintiff...

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