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WASHINGTON v. CITY OF NEW YORK

2017-08425. Index No. 23860/09.

190 A.D.3d 1009 (2021)

2021 NY Slip Op 00453

Mary Washington, Respondent, v. City of New York et al., Appellants, and Silverite Construction Company, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Barry, McTiernan & Moore LLC, New York, NY ( David H. Schultz of counsel), for appellants.

Pazer, Epstein, Jaffe & Fein, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Brianna Walsh , and Jillian Rosen ], of counsel), for plaintiff-respondent.

Dillon, J.P., Austin, Miller and Duffy, JJ., concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against the defendants City of New York and New York City Department of Environmental Protection, and substituting therefor a provision denying that motion, and (2) by deleting the provision thereof denying those branches of those defendants...

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