FONCK v. CITY OF NEW YORK

2017-13291. Index No. 25180/11.

198 A.D.3d 874 (2021)

156 N.Y.S.3d 308

2021 NY Slip Op 05693

Charles Fonck et al., Appellants, v. City of New York et al., Respondents. (And Third-Party Actions.)

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

Decided October 20, 2021.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York, NY ( Scott N. Singer of counsel), for appellants.

Cullen and Dykman LLP, New York, NY ( Olivia M. Gross of counsel), for respondents.

Rivera, J.P., Austin, Connolly and Ford, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff Charles Fonck...

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