CRUTCH v. 421 KENT DEVELOPMENT, LLC

2018-12954. Index No. 13480/15.

192 A.D.3d 977 (2021)

2021 NY Slip Op 01751

Robert Crutch, Appellant, v. 421 Kent Development, LLC, et al., Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs-Respondents. J & Z Mechanical/Construction Corp., Third-Party Defendant-Respondent; Everest Scaffolding, Inc., Second Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided March 24, 2021.


Attorney(s) appearing for the Case

Edelman & Edelman, P.C., New York, NY ( David M. Schuller of counsel), for plaintiff-appellant.

Fuchs Rosenzweig PLLC, New York, NY ( Alicia Sklan of counsel), for second third-party defendant-appellant.

Wood Smith Henning & Berman LLP, New York, NY ( Stephanie M. Steinberg of counsel), for defendants third-party plaintiffs/second third-party plaintiffs-respondents.

Smith, Sovik, Kendrick & Sugnet, P.C., East Meadow, NY ( John D. Goldman of counsel), for third-party defendant-respondent.

Rivera, J.P., Chambers, Iannacci and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from by the plaintiff, on the law, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) is granted; and it is further,

Ordered that the order is affirmed insofar as appealed from by the second third-party defendant; and it is further,

Ordered that one bill of costs is...

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