CUSUMANO v. AM&G WATERPROOFING, LLC

2017-00516 Index No. 505809/15.

160 A.D.3d 922 (2018)

72 N.Y.S.3d 488

2018 NY Slip Op 02767

Joseph Cusumano et al., Respondents, v. AM&G Waterproofing, LLC, Appellant, and Channel Club Condominium et al., Respondents, et al., Defendant.

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

Decided April 25, 2018.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant AM&G Waterproofing, LLC, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The plaintiffs commenced this action, inter alia, to recover damages for personal injuries, alleging common-law negligence and violations of Labor Law §§ 200, 240, and 241 (6). Allegedly, the plaintiff Joseph Cusumano...

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