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PASSOS v. NOBLE CONSTR. GROUP, LLC

2016-11125. Index No. 58167/13.

169 A.D.3d 706 (2019)

93 N.Y.S.3d 132

2019 NY Slip Op 00893

Roberto Passos, Appellant, v. Noble Construction Group, LLC, et al., Respondents.

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

Decided February 6, 2019.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) is granted.

The plaintiff was a construction worker employed by Genuine Construction Services, Inc. (hereinafter Genuine), at a building in Brooklyn owned by the defendant SM Wythe, LLC. On October...

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