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MATTER OF 91ST STREET CRANE COLLAPSE LITIGATION. XHEVAHIRE SINANAJ v. CITY OF NEW YORK

11344, 117469/08, 117294/08, 771000/10, 11343

112 A.D.3d 477 (2013)

976 N.Y.S.2d 375

2013 NY Slip Op 8341

In the Matter of 91st STREET CRANE COLLAPSE LITIGATION. XHEVAHIRE SINANAJ, as Co-Administrator of the Estate of RAMADAN KURTAJ, Deceased, Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants, et al., Defendants. (And Third-Party Actions.) In the Matter of 91ST STREET CRANE COLLAPSE LITIGATION. MARIA LEO, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants. (And Third-Party Actions.)

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

Decided December 12, 2013.

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered May 14, 2013, which denied the City defendants' motions for summary judgment dismissing the Labor Law § 240 claims as against them, unanimously reversed, on the law, without costs, and the motions granted.

[Prior Case History: 2013 NY Slip Op 31051 (U).]

The city defendants established prima facie that they were not owners under Labor Law § 240 (1) (see Scaparo v Village of...

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