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DeMARIA v. RBNB 20 OWNER, LLC

106013/11, 13691A, 590391/12, 590675/12, 13691

129 A.D.3d 623 (2015)

12 N.Y.S.3d 79

2015 NY Slip Op 05599

MARIO DeMARIA, Respondent, v. RBNB 20 OWNER, LLC, et al., Respondents/Third-Party Plaintiffs-Respondents, LINDEN CONSTRUCTION CORP., et al., Appellants, et al., Defendants. LINDEN CONSTRUCTION CORP., Third-Party Defendant-Appellant. LINDEN CONSTRUCTION CORP., Second Third-Party Plaintiff-Appellant, v. TOWER INTERIOR CORP., Second Third-Party Defendant. RBNB 20 OWNER, LLC, et al., Third Third-Party Plaintiffs-Respondents, v. FOREST ELECTRIC CORP., Third Third-Party Defendant-Appellant.

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

Decided June 30, 2015.

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about February 25, 2014 and March 3, 2014, which, insofar as appealed from as limited by the briefs, denied defendant Linden Construction Corp.'s motion for summary judgment dismissing the common-law negligence and Labor Law § 200 claims and the Labor Law § 241 (6) claim as predicated on 12 NYCRR 23-1.7 (e) (2) as against it and the third-party...

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