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LAZO v. NEW YORK STATE THRUWAY AUTH.

2019-05807.

204 A.D.3d 774 (2022)

167 N.Y.S.3d 119

2022 NY Slip Op 02400

Jose R. Lazo et al., Appellants, v. New York State Thruway Authority, Respondent, et al., Defendant.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York, NY ( John M. Shaw of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY ( Alex B. Cohen of counsel), for respondent.

Barros, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the claimants' 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 the defendant New York State Thruway Authority, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs...

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