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PENARANDA v. 4933 REALTY, LLC

100963/10, 590179/11, 11850

115 A.D.3d 482 (2014)

981 N.Y.S.2d 690

2014 NY Slip Op 1547

BRAULIO MILTON PENARANDA, Appellant-Respondent, v. 4933 REALTY, LLC, Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant. NY CONSTRUCTION WORK INC., Doing Business as K&S CONSTRUCTION, Third-Party Defendant-Respondent.

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

Decided March 11, 2014.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 13, 2012, which granted defendant-respondent landlord's motion for summary judgment dismissing plaintiff's complaint and granted third-party defendant tenant's motion to dismiss the third-party complaint against it, unanimously modified, on the law, to the extent of reinstating the Labor Law § 240 (1) claim and denying third-party defendant's motion to dismiss the third-party complaint, and...

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