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McDONNELL v. SANDARO REALTY, INC.

2015-06171. Index No. 8727/11.

165 A.D.3d 1090 (2018)

87 N.Y.S.3d 86

2018 NY Slip Op 07114

Matthew McDonnell et al., Respondents-Appellants, v. Sandaro Realty, Inc., Respondent-Appellant, and E.W. Howell Co., LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. Bay Structures, Inc., Third-Party Defendant-Respondent-Appellant; J&R Brick Masonry, Inc., Third-Party Defendant-Appellant-Respondent. (And Another Third-Party Action.)

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

Decided October 24, 2018.

Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting so much of the first decretal paragraph thereof as denied that branch of the plaintiffs' motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against Sandaro Realty, Inc., and substituting therefor a provision granting that branch of the motion, (2) by deleting...

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