ASCENCIO v. BRIARCREST AT MACY MANOR, LLC


60 A.D.3d 606 (2009)

874 N.Y.S.2d 562

MARIO ASCENCIO, Respondent, v. BRIARCREST AT MACY MANOR, LLC, et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, et al., Defendants. GRIFFIN LANDSCAPING CORPORATION, Third-Party Defendant-Respondent-Appellant.

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

Decided March 3, 2009.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 241 (6), and substituting therefor a provision denying that motion, and (2), by deleting the provision thereof denying as premature the third-party defendant's cross motion for summary judgment dismissing...

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