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CUTAIA v. BOARD OF MGRS. OF 160/170 VARICK ST. CONDOMINIUM

No. 25.

38 N.Y.3d 1037 (2022)

190 N.E.3d 28

169 N.Y.S.3d 902

2022 NY Slip Op 02834

MICHAEL CUTAIA, Respondent, v. THE BOARD OF MANAGERS OF THE 160/170 VARICK STREET CONDOMINIUM et al., Defendants, and THE RECTOR, CHURCH WARDENS AND VESTRYMEN OF TRINITY CHURCH IN THE CITY OF NEW YORK, et al., Appellants. MICHILLI CONSTRUCTION, INC., et al., Third-Party Plaintiffs-Appellants, v. A+ INSTALLATIONS CORP., Third-Party Defendant. (And Other Actions.)

Court of Appeals of New York.

Reargued March 16, 2022.

Decided April 28, 2022.

Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York City ( Michael J. Kozoriz of counsel), for appellants and third-party plaintiffs-appellants.

Law Offices of Louis Grandelli, P.C., New York City ( Louis Grandelli of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim denied, and the certified question answered in the negative.

While working on a building renovation project, plaintiff was tasked with moving sinks from one area of a bathroom to another. The work required plaintiff to cut and reroute pipes in the ceiling that were...

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