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NUCCI v. COUNTY OF SUFFOLK

2019-10207. Index No. 14544/15.

204 A.D.3d 817 (2022)

166 N.Y.S.3d 672

2022 NY Slip Op 02423

Anthony Nucci, Appellant, v. County of Suffolk et al., Respondents. (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

Wingate, Russotti, Shapiro & Halperin, LLP, New York, NY ( William P. Hepner and David M. Schwarz of counsel), for appellant.

Dennis M. Cohen , County Attorney, Hauppauge, NY ( James R. Scott of counsel), for respondent County of Suffolk.

Brody, O'Connor & O'Connor, Northport, NY ( Patricia A. O'Connor and Aisha K. Brosnan of counsel), for respondent Town of Babylon.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendant Town of Babylon 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, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar...

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