MOGROVEJO v. HG HOUS. DEV. FUND CO., INC.

2019-08050. Index No. 712607/16.

207 A.D.3d 457 (2022)

172 N.Y.S.3d 40

2022 NY Slip Op 04299

Mateo Mogrovejo, Appellant, v. HG Housing Development Fund Company, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided July 6, 2022.


Attorney(s) appearing for the Case

Oresky & Associates, PLLC ( John J. Nonnenmacher and Chirico Law PLLC, Brooklyn, NY [ Vincent Chirico ], of counsel), for appellant.

Kennedys CMK LLP, New York, NY ( Michael R. Schneider of counsel), for respondents HG Housing Development Fund Company, Inc., Highland Green Residence, LLC, D & F Development Group, LLC, and D & F Construction Group, Inc.

O'Toole Scrivo, LLC, New York, NY ( Sean Callahan and Joseph E. Hopkins of counsel), for respondent South Ocean Custom Framing Corp.

Connolly, J.P., Christopher, Genovesi and Ford, JJ., concur.


Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) is granted.

On July 22, 2015, the plaintiff, who was employed by the third-party defendant Nivelo's Construction Corp. (hereinafter Nivelo), was performing framing work on a building...

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