RODRIGUEZ v. HY 38 OWNER, LLC

2019-04160. Index No. 507822/16.

192 A.D.3d 839 (2021)

143 N.Y.S.3d 411

2021 NY Slip Op 01436

Herman Rodriguez, Appellant, v. HY 38 Owner, LLC, et al., Respondents, et al., Defendant.

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

Decided March 10, 2021.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York, NY ( Scott N. Singer of counsel), for appellant.

London Fischer, LLP, New York, NY ( David B. Franklin and Kyle McEwen of counsel), for respondents HY 38 Owner, LLC, and Monadnock Construction, Inc.

Mastro, A.P.J., Hinds-Radix, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants HY 38 Owner, LLC, and Monadnock Construction, Inc., which was for summary judgment dismissing the causes of action alleging violations of Labor Law § 200 and common-law negligence is denied.

The defendant Monadnock Construction, Inc. (hereinafter Monadnock), was the construction manager at a construction site owned by the defendant...

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