DEVOY v. CITY OF NEW YORK

2018-10305. Index No. 100834/15.

192 A.D.3d 665 (2021)

144 N.Y.S.3d 68

2021 NY Slip Op 01247

Brian C. Devoy, Respondent, v. City of New York et al., Appellants.

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

Decided March 3, 2021.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP (Mauro Lilling Naparty LLP, Woodbury, NY [ Matthew W. Naparty and Anthony F. DeStefano ], of counsel), for appellants.

Elefterakis, Elefterakis & Panek (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for respondent.

Dillon, J.P., Chambers, LaSalle and Iannacci, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants' motion which was for summary judgment dismissing so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon violations of 12 NYCRR 23-1.16(d) and 23-5.1(f) and (h), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs...

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