GRIEVE v. MCRT NORTHEAST CONSTR., LLC

2017-08098. Index No. 4208/2013.

197 A.D.3d 623 (2021)

153 N.Y.S.3d 80

2021 NY Slip Op 04700

David J. Grieve et al., Appellants, v. MCRT Northeast Construction, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. Moco Mechanical Incorporated et al., Third-Party Defendants-Respondents.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

Kenneth J. Ready , Mineola, NY, for appellants.

Ahmuty, Demers & McManus, Albertson, NY ( Nicholas M. Cardascia , Glenn A Kaminska , and Kevin J. Murtagh of counsel), for defendants third-party plaintiffs-respondents.

Hannum Feretic Prendergast & Merlino, LLC, New York, NY ( Steven R. Dyki and Adam S. Oustatcher of counsel), for third-party defendant-respondent Moco Mechanical Incorporated.

McManus Ateshoglou Aiello & Apostolakos, PLLC, New York, NY ( Vanessa M. Corchia and Peter Naber of counsel), for third-party defendant-respondent Xcel Plumbing of New York, Inc.

LaSalle, P.J., Miller, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the separate motions of the defendants/third-party plaintiffs and the third-party defendants which were for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1), and substituting therefor provisions denying those branches of the motions; as so modified, the order is affirmed insofar...

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