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DAHLIA v. S&K DISTRIB., LLC

2017-04749, Index No. 528/14.

171 A.D.3d 1127 (2019)

98 N.Y.S.3d 338

2019 NY Slip Op 03023

Todd Dahlia, Respondent, v. S&K Distribution, LLC, Appellant, et al., Defendant.

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

Decided April 24, 2019.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant S&K Distribution, LLC, which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against it is granted.

On December 18, 2013, nonparty AMX Cooling and Heating, LLC (hereinafter AMX), assigned the plaintiff, an HVAC service

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