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CORSIVO v. M&S HOTELS, LLC

CA 09-00986.

71 A.D.3d 1556 (2010)

896 N.Y.S.2d 921

SARAH CORSIVO, as Administratrix of the Estate of AUGUST R. CORSIVO, Deceased, Respondent, v. M&S HOTELS, LLC, et al., Appellants, and DEC MANAGEMENT, INC., et al., Respondents, et al., Defendants. (Action No. 1.) THOMAS W. SZCZERBACKI, Respondent, v. M&S HOTELS, LLC, et al., Appellants, and DEC MANAGEMENT, INC., et al., Respondents, et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 26, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: These actions alleging common-law negligence and violations of the Labor Law arise out of the partial collapse of a hotel under construction, which resulted in the death of August R. Corsivo, the plaintiff's decedent in action No. 1, and in injury to Thomas W. Szczerbacki, the plaintiff in action No. 2. Supreme Court properly granted that part of the motion of DEC...

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