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SCHUTT v. DYNASTY TRANSPORTATION OF OHIO, INC.

2019-04522. Index No. 31979/11.

203 A.D.3d 858 (2022)

164 N.Y.S.3d 645

2022 NY Slip Op 01473

Robert J. Schutt et al., Appellants, v. Dynasty Transportation of Ohio, Inc., et al., Respondents. (And Third-Party Actions.)

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Law Offices of Bruce E. Cohen & Associates, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for appellants.

Miranda Slone Sklarin Verveniotis, LLP, Mineola, NY ( Steven Verveniotis and Taimur Alamgir of counsel), for respondent Dynasty Transportation of Ohio, Inc.

Bartlett LLP, Garden City, NY ( Jessica Moreno and Robert G. Vizza of counsel), for respondent T.G. Nickel & Associates, LLC.

Keith J. Conway , Melville, NY ( Frank R. Matozzo of counsel), for respondent Habberstad Sunrise Realty, LLC.

Cornell Grace, P.C., New York, NY ( Joseph E. Donat and Katina Despas-Barous of counsel), for respondent Canton Elevator, Inc.

Gottlieb Siegel & Schwartz, LLP, New York, NY ( Lauren M. Solari of counsel), for third-party defendant.

Barros, J.P., Iannacci, Chambers 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 Habberstad Sunrise Realty, LLC, and T.G. Nickel & Associates, LLC, which were for summary judgment dismissing so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated on 12 NYCRR 23-1.7(d) insofar as asserted against each of them, and substituting therefor provisions denying those branches...

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