PACHECO v. JUDLAU CONTR., INC.

2018-05670. Index No. 701887/16.

186 A.D.3d 1700 (2020)

130 N.Y.S.3d 823

2020 NY Slip Op 05216

Jose Pacheco, Respondent, v. Judlau Contracting, Inc., et al., Appellants.

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

Decided September 30, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 are granted.

On January 12, 2014, the plaintiff, an excavating laborer who specialized in shoveling, was working for nonparty Providence Construction (hereinafter Providence), which had been hired by the...

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