AMAXES v. NEWMARK & COMPANY REAL ESTATE, INC.


15 A.D.3d 321 (2005)

790 N.Y.S.2d 149

IOANNIS AMAXES et al., Respondents-Appellants, v. NEWMARK & COMPANY REAL ESTATE, INC., et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, and D.P. CONSTRUCTION CORP. et al., Respondents. D.P. PAINTING, INC., Third-Party Defendant-Respondent-Appellant. (And Another Third-Party Action.)

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

February 7, 2005.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied the plaintiffs' cross motion for summary judgment on the issue of liability under the cause of action based upon Labor Law § 240 (1) and that branch of the cross motion of the defendants Newmark & Company Real Estate, Inc., and 230 Fifth Avenue Associates (hereinafter the owners) which was for summary judgment dismissing...

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