The motion court properly determined that issues of fact exist as to whether Mandell was negligent in the performance of its work and whether such negligence, if any, was a proximate cause of plaintiff's accident. Summary judgment was thus properly denied to Mandell with respect to plaintiff's claims pursuant to Labor Law § 200 and common-law negligence.
Although the Bovis and 455 defendants did not file a notice of appeal from the denial of their motion for...
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