SHENG HAI TONG v. K AND K 7619, INC.

2014-08982, Index No. 5456/11.

144 A.D.3d 887 (2016)

2016 NY Slip Op 07637

41 N.Y.S.3d 266

SHENG HAI TONG, Respondent-Appellant, v. K AND K 7619, INC., Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff-Appellant-Respondent, XIAO WU CHEN, Doing Business as FAMILY 99 CENT STORE, Defendant/Second Third-Party Defendant-Respondent. FAMILY 99 CENT STORE, INC., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided November 16, 2016.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the cross motion of the defendant/third-party plaintiff/second third-party plaintiff, K and K 7619, Inc., which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against it, and substituting therefor a provision granting that branch of the cross motion...

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