SEEM v. PREMIER CAMP CO., LLC

2019-11926. Index No. 616348/17.

200 A.D.3d 921 (2021)

161 N.Y.S.3d 117

2021 NY Slip Op 07018

Lawrence Seem, Respondent, v. Premier Camp Company, LLC, Respondents, and Dileo Landscaping, Ltd., Appellant.

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

Decided December 15, 2021.


Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY ( Michael T. Reagan of counsel), for appellant.

Bryan Barenbaum , Brooklyn, NY ( Huy Le of counsel), for appellant-respondent.

Steven F. Goldstein, LLP, Carle Place, NY, for respondents Premier Camp Company, LLC, Crestwood Country Day School, Inc., and Round Swamp Road Associates, LLC.

Marshall Dennehey Wamer Coleman & Goggin, Purchase, NY ( Difie M. Osborne of counsel), for respondent Splash Swimming Pool & Spa, Inc.

Mastro, J.P., Brathwaite Nelson, Iannacci and Genovesi, JJ., concur.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant Dileo Landscaping, Ltd., which was for summary judgment dismissing the Labor Law § 240(1) cause of action insofar as asserted against it, and substituting therefor a provision granting that branch of the motion, (2) by deleting the provision thereof granting those branches of the motion of the defendant Splash Swimming Pool & Spa...

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