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ORTIZ v. 164 ATLANTIC AVENUE, LLC

2009-10904.

77 A.D.3d 807 (2010)

909 N.Y.S.2d 745

RENATO ORTIZ, Appellant, v. 164 ATLANTIC AVENUE, LLC, et al., Defendants Third-Party Plaintiffs-Respondents, and ONE MAIN STREET CONSTRUCTION CORP., Respondent. DINO'S SHEETROCK CORP., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided October 19, 2010.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the plaintiff's motion for summary judgment on the issue of liability on his causes of action alleging violations of Labor Law § 240 (1) and § 241 (6), based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (b) (1), is granted.

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