SIMMONS v. CITY OF NEW YORK

2016-00620, 2016-00879. Index No. 700982/13.

165 A.D.3d 725 (2018)

85 N.Y.S.3d 462

2018 NY Slip Op 06585

Glenn Simmons, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

Decided October 3, 2018.


Ordered that the order dated December 23, 2015, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated January 11, 2016, is modified, on the law, (1) by deleting the provision thereof, in effect, granting that branch of the defendants' motion which was for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against the defendant Prismatic Development...

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