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GARCIA v. BLEEKER ST. GARDENS, LLC

2018-07182. Index No. 10134/14.

188 A.D.3d 830 (2020)

132 N.Y.S.3d 327

2020 NY Slip Op 06503

Celso Garcia, Appellant, v. Bleeker Street Gardens, LLC, Defendant/Third-Party Plaintiff-Respondent. New Leaf Development, LLC, Third-Party Defendant-Respondent.

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

Decided November 12, 2020.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying, as untimely, the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1); as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens...

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