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RAMIREZ v. A.W.&S. CONSTRUCTION CO., INC.

10613N. 15498813.

178 A.D.3d 555 (2019)

112 N.Y.S.3d 495

2019 NY Slip Op 09096

Luis Ramirez, Respondent, v. A.W.&S. Construction Co., Inc., et al., Appellants.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Russo & Toner, LLP, New York ( Daniel M. Schiavetta of counsel), for appellants.

William Schwitzer & Associates, P.C., New York ( D. Allen Zachary of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Kapnick, González, JJ.

Issues of fact exist whether plaintiff was engaged in protected activity under Labor Law §§ 240(1) and 241(6) at the time he was injured (see Gonzalez v Paramount Group, Inc., 157 A.D.3d 427 [1st Dept 2018]; Cardenas v One State St., LLC, 68 A.D.3d 436 [1st Dept 2009]). Similarly, there are factual issues whether defendant contractor Waldorf exercised supervision and control over...

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