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VENEGAS v. SHYMER

2018-14778. Index No. 30446/16.

201 A.D.3d 1001 (2022)

157 N.Y.S.3d 765

2022 NY Slip Op 00459

Oscar Venegas, Appellant-Respondent, v. Breuer Shymer, Defendant, and 3 Merrick, LLC, et al., Respondents-Appellants. Salamon's Home Improvements, Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Omrani & Taub, P.C., New York, NY ( San Razzano and James L. Forde of counsel), for appellant-respondent.

Craig P. Curico , Middletown, NY ( Deborah J. Bookwalter of counsel), for third-party defendant-respondent.

Dillon, J.P., Hinds-Radix, Christopher and Zayas, JJ., concur.

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against 3 Merrick, LLC, and Shefa Construction, Inc., and substituting therefor a provision...

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