CANTALUPO v. ARCO PLUMBING & HEATING, INC.

2018-02856. Index No. 15792/12.

194 A.D.3d 686 (2021)

148 N.Y.S.3d 224

2021 NY Slip Op 02783

Paul Cantalupo et al., Respondents, v. Arco Plumbing & Heating, Inc., et al., Defendants, and Chase Manhattan Bank, N.A., Appellant. (And Third-Party Actions.).

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

Decided May 5, 2021.


Attorney(s) appearing for the Case

Kowalski & DeVito (Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY [ Christopher Simone and Jeremy S. Rosof ], of counsel), for appellant.

The Latronica Law Firm, P.C. (Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for respondents.

Dillon, J.P., Austin, Duffy and Wooten, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant Chase Manhattan Bank, N.A., which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241(6) insofar as asserted against it, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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