McNAMARA v. GUSMAR ENTERS., LLC

2018-14438. Index No. 11364/11.

204 A.D.3d 779 (2022)

167 N.Y.S.3d 123

2022 NY Slip Op 02402

Kevin T. McNamara et al., Respondents-Appellants, v. Gusmar Enterprises, LLC, et al., Appellants-Respondents, and Metal Monk Ltd, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.).

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

Decided April 13, 2022.


Attorney(s) appearing for the Case

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY ( Robert A. Seeman and Eric N. Bailey of counsel), for defendants-appellants-respondents.

Rosenberg & Gluck, LLP, Holtsville, NY ( Michael J. Famiglietti , of counsel), for plaintiffs-respondents-appellants.

Lewis Johs Avallone Aviles, LLP, Islandia, NY ( John B. Saville , of counsel), for defendant-respondent-appellant.

LaSalle, P.J., Connolly, Iannacci and Wooten, JJ., concur.


Ordered that the appeal from so much of the order as granted those branches of the cross motion of the defendant Metal Monk Ltd which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§ 240(1) and 241(6) insofar as asserted against it is dismissed, as the defendants Gusmar Enterprises, LLC, and Gusmar Realty Corp. are not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc.,

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