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DOMINGUEZ v. FARINA

No. 5708/09, Motion Seq. No. 5., 6

2011 NY Slip Op 31321 (U)

HILARIO DOMINGUEZ, Plaintiff, v. ANTHONY FARINA, DAVID WEISS, RMN CORPORATION, 2407 PITKIN AVENUE CORPORATION, UNLIMITED CONSTRUCTION, INC. and NORTH STAR BUS, INC., Defendants.

Supreme Court, Nassau County.

May 6, 2011.

Attorney(s) appearing for the Case

Mirman, Markovits & Landau, P.C., Attention: Thomas P. Markovits , Esq., 291 Broadway, 6th Floor New York, NY, Attorneys for Plaintiff,

Eaton & Torrenzano, LLP, 1662 Sheepshead Bay Road, Brooklyn, NY, Attorneys for Defendant ANTHONY FARINA.

DAVID WEISZ i/s/h/a DAVID WEISS 5 Murray Drive Airmont, NY, Defendant.

RMN CORPORATION 5 Murray Drive, Airmont, NY, Defendant.

2407 — PITKIN AVENUE CORP. i/s/h/a 2407 PITKIN AVENUE CORPORATION 5 Murray Drive Airmont, NY, Defendant.

THOMAS P. PHELAN, Justice.

Defendant, Anthony Farina, moves pursuant to CPLR 3212 for an order granting summary judgment dismissing plaintiff's complaint, with prejudice. Plaintiff cross-moves pursuant to CPLR 3212 for an order granting summary judgment as to the issue of liability with respect to those claims predicated upon Labor Law §§ 240(1) and 241(6).

The record reveals that on October 3, 2007, plaintiff was employed by Unlimited Asphalt &...

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