MONDRAGON-MORENO v. SPORN

2018-13635. Index No. 6810/15.

189 A.D.3d 1574 (2020)

38 N.Y.S.3d 606

2020 NY Slip Op 08056

Martin Mondragon-Moreno, Respondent, v. Israel Sporn et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendant. JBR Carpenters Incorporated, Third-Party Defendant-Appellant.

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

Decided December 30, 2020.


Attorney(s) appearing for the Case

O'Toole Scrivo Fernandez Weiner Van Lieu, LLC, New York, NY ( David M. Chaise of counsel), for defendants/third-party plaintiffs-appellants.

Lewis Johs Avallone Aviles, LLP, Islandia, NY ( Jason T. Katz of counsel), for third-party defendant-appellant.

Cherny & Podolsky, PLLC (Elefterakis, Elefterakis & Panek, New York, NY [ Oliver B. Tobias ], of counsel), for respondent.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, those branches of the motion of the defendants/third-party plaintiffs which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against them is granted, and those branches of the motion of the third-party defendant...

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