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LEON-RODRIGUEZ v. ROMAN CATHOLIC CHURCH OF STS. CYRIL & METHODIUS

2017-13294. Index No. 26826/11.

192 A.D.3d 883 (2021)

144 N.Y.S.3d 709

2021 NY Slip Op 08228

Rafael Leon-Rodriguez, Appellant-Respondent, v. Roman Catholic Church of Saints Cyril and Methodius et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants. Mybem Corp., Third-Party Defendant-Respondent.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Oresky & Associates, PLLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel, for appellant-respondent.

O'Toole Scrivo Fernandez Weiner Van Lieu, LLC, New York, NY ( Robert W. Gifford and Max S. Sverdlove of counsel), for defendants third-party plaintiffs-respondents-appellants.

Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne, NY ( Denis Farrell of counsel), for third-party defendant-respondent.

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

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) and so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon 12 NYCRR 23-5.3(e), and substituting therefor a provision granting...

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