MASIELLO v. 21 E. 79TH ST. CORP.

14593 104521/07, 591028/07

126 A.D.3d 596 (2015)

7 N.Y.S.3d 35

2015 NY Slip Op 02415

PHILIP C. MASIELLO, Respondent, v. 21 EAST 79TH STREET CORPORATION et al., Respondents, et al., Defendant. 23 EAST 79TH STREET CORP., Third-Party Plaintiff-Respondent, v. FINELINE RESTORATION, INC., Third-Party Defendant-Appellant.

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

Decided March 24, 2015.


Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered July 17, 2013, which, insofar as appealed from as limited by the briefs, upon reargument, denied third-party defendant's (Fine-Line Restoration, Inc.) motion for summary judgment dismissing the third-party complaint and the complaint, unanimously modified, on the law, to grant the motion as to the Labor Law § 241 (6) claim except to the extent it is predicated upon alleged violations of Industrial...

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