VIERA v. WFJ REALTY CORP.

2014-08130, Index No. 7693/11.

140 A.D.3d 737 (2016)

31 N.Y.S.3d 613

2016 NY Slip Op 04202

OSCAR RAMON VIERA, Appellant, v. WFJ REALTY CORP., Defendant/Third-Party Plaintiff-Respondent, and KDM INDUSTRIES, LTD., Defendant/Third-Party Defendant-Respondent. JOSEPH MALAVE, Doing Business as KDM INDUSTRIES, Third-Party Defendant-Respondent.

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

Decided June 1, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

On June 12, 2010, the plaintiff was working...

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