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ZOTO v. 259 WEST 10TH, LLC

2019-00076. Index No. 507879/15.

189 A.D.3d 1523 (2020)

134 N.Y.S.3d 728

2020 NY Slip Op 07949

Erdion Zoto, Appellant-Respondent, v. 259 West 10th, LLC, Respondent, and Klaracon, LLC, Respondent-Appellant. (And Third-Party Actions.)

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

The Cakani Law Firm, P.C., New York, NY ( Ylli Cakani of counsel), for appellant-respondent.

Pillinger Miller Tarallo, Elmsford, NY ( Patrice M. Coleman of counsel), for respondent-appellant.

Crafa & Sofield, P.C., Garden City, NY ( Thomas Sofield of counsel), for respondent.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs awarded to the defendant 259 West 10th, LLC, payable by the plaintiff.

In June 2015, the plaintiff commenced this action alleging, inter alia, common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6) in connection with injuries he alleges he sustained when he was working on an apartment renovation in a building owned by the defendant...

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