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RUIZ v. FORD

2016-00735, 2016-00736 Index No. 15279/10.

160 A.D.3d 1001 (2018)

75 N.Y.S.3d 242

2018 NY Slip Op 02820

Alan Ruiz, Respondent, v. Mike Ford, Doing Business as Guyjam Auto Repair, Defendant, and 5102 Foster Avenue Trust, Appellant.

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

Decided April 25, 2018.

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

Ordered that the judgment is reversed, on the law, the motion of the defendant 5102 Foster Avenue Trust to vacate the determination granting the plaintiff's motion, in effect, pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability pursuant to Labor Law § 240 (1) and denying that defendant's cross motion, in effect, pursuant to CPLR 4401 for judgment as a matter of...

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