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PEREIRA v. HUNT/BOVIS LEND LEASE ALLIANCE II

2017-09347, 2018-01891. Index No. 13985/08.

193 A.D.3d 1085 (2021)

147 N.Y.S.3d 628

2021 NY Slip Op 02552

John Pereira, Appellant-Respondent, v. Hunt/Bovis Lend Lease Alliance II et al., Respondents, and Five Star Electric Corp., Respondent-Appellant. (Appeal No. 1.) John Pereira, Appellant, v. Hunt/Bovis Lend Lease Alliance II et al., Respondents. (Appeal No. 2.)

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

Decided April 28, 2021.

Attorney(s) appearing for the Case

Gersowitz Libo & Korek, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for appellant-respondent in Appeal No. 1 and appellant in Appeal No. 2.

Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne, NY ( Gregory Perrotta and Lisa M. Rolle of counsel), for defendant Five Star Electric Corp., respondent-appellant in Appeal No. 1 and respondent in Appeal No. 2.

Newman Myers Kreines Gross Harris, P.C., New York, NY ( Stephen N. Shapiro and Jan Kevin Myers of counsel), for defendants Hunt/Bovis Lend Lease Alliance II, Hunt Construction Group, Inc., Bovis Lend Lease, Inc., Queens Ball Park Company, LLC, and Mets Development Company, LLC, respondents in Appeal Nos. 1 and 2.

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

Ordered that the order dated July 21, 2017, is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendants Hunt/Bovis Lend Lease Alliance II, Hunt Construction Group, Inc., Bovis Lend Lease, Inc., Queens Ball Park Company, LLC, and Mets Development Company, LLC, which was for summary judgment dismissing the cause of action alleging violation of Labor Law § 241(6) predicated...

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