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DURAN v. TEMPLE BETH SHOLOM, INC.

2015-04140, 2015-04141, Index No. 18173/10.

155 A.D.3d 690 (2017)

64 N.Y.S.3d 278

2017 NY Slip Op 07708

LUIS DURAN et al., Appellants, v. TEMPLE BETH SHOLOM, INC., Respondent, et al., Defendants.

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

Decided November 8, 2017.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, that branch of the plaintiffs' motion which was pursuant to CPLR 4404 (a) to set aside the verdict in the interest of justice and for a new trial on the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against the defendant Temple Beth Sholom, Inc., is granted, that cause of action is reinstated insofar as asserted...

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