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NICOLA v. UNITED VETERANS MUTUAL HOUSING NO. 2, CORPORATION

2017-07850, 2017-09030. Index No. 16332/13.

178 A.D.3d 937 (2019)

2019 NY Slip Op 09012

Peter Nicola, Respondent, v. United Veterans Mutual Housing No. 2, Corporation, et al., Defendants/Third-Party Plaintiffs-Appellants, Senid Plumbing & Heating Corp., and Defendant/Third-Party Defendant-Appellant, et al., Defendants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., Hicksville, NY ( Arthur J. Smith , Bryan R. Forbes , and Dennis Heffernan of counsel), for defendants third-party plaintiffs-appellants.

Dillon Horowitz & Goldstein LLP, New York, NY ( Michael M. Horowitz of counsel), for defendant third-party defendant-appellant.

Brian J. Elbaum , New York, NY ( Ronald J. Korybski of counsel), for respondent.

Scheinkman, P.J., LaSalle, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the first order is reversed insofar as appealed from, on the law, and that branch of the defendants third-party plaintiffs' motion which was for summary judgment dismissing so much of the Labor Law § 241(6) cause of action as was predicated upon alleged violations of 12 NYCRR 23-1.5(c)(3), 23-3.3(c), and 23-9.2(a) and (b)(1) insofar as asserted against them is granted; and it is further,

Ordered that the second order is reversed insofar as appealed...

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