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NALBONE v. VANDERBILT PROPS., INC.

315 CA 19-01322.

181 A.D.3d 1326 (2020)

119 N.Y.S.3d 745

2020 NY Slip Op 02004

Theodore Nalbone et al., Appellants, v. Vanderbilt Properties, Inc., et al., Respondents. Vanderbilt Properties, Inc., Third-Party Plaintiff, v. CMC Concrete, LLC, Third-Party Defendant-Respondent, et al., Third-Party Defendant. David Home Builders, Inc., Third-Party Plaintiff, v. CMC Concrete, LLC, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided March 20, 2020.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries that Theodore Nalbone (plaintiff) sustained while working on a construction project. Plaintiffs appeal from an order and judgment that, inter alia, effectively denied their cross motion for partial summary judgment on their Labor Law § 240(1) cause of action and granted those parts...

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