HILARIO CHIMBORAZO v. WCL ASSOCIATES, INC.


37 A.D.3d 394 (2007)

829 N.Y.S.2d 635

SEGUNDO HILARIO CHIMBORAZO, Respondent-Appellant, v. WCL ASSOCIATES, INC., Defendant, and WIN DEPOT RESTAURANT EQUIPMENT & SUPPLIES CO. et al., Appellants-Respondents.

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

Decided February 6, 2007.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant Win Depot Restaurant Equipment & Supplies Co. which was for summary judgment dismissing the cause of action to recover damages for violation of Labor Law § 240 (1) and all cross claims based on that cause of action insofar as asserted against it and substituting therefor a provision granting that branch of the motion, and (2) by...

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