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CLIFTON v. COLLINS

991 CA 20-01486.

202 A.D.3d 1476 (2022)

2022 NY Slip Op 00780

Preston V. Clifton, Respondent, v. Thomas P. Collins, Defendant, and Kurt Kilian, Individually and Doing Business as Kilian Construction, Appellant.

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

OSBORN, REED & BURKE, LLP, ROCHESTER ( JEFFREY P. DIPALMA OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHIACCHIA & FLEMING, LLP, HAMBURG ( DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendant Kurt Kilian, individually and doing business as Kilian Construction, seeking summary judgment dismissing the Labor Law §§ 240(1) and 241(6) claims against him and the Labor Law § 200 claim against him insofar as it is premised on the method and manner of the work performed, and as modified the order is affirmed without costs...

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