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ZONG WANG YANG v. CITY OF NEW YORK

2020-05906. Index No. 520955/16.

207 A.D.3d 791 (2022)

173 N.Y.S.3d 36

2022 NY Slip Op 04761

Zong Wang Yang et al., Appellants-Respondents, v. City of New York et al., Respondents, Plaza Construction, LLC, Defendant/Third-Party Plaintiff-Respondent, and ZHN Contracting Corporation, Defendant/Third-Party Defendant-Respondent-Appellant, et al., Defendant. A-Tech Electric Enterprises, Inc., Third-Party/Defendant-Respondent-Appellant. (And Another Third-Party Action.).

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Arye, Lustig & Sassower, P.C., New York, NY ( Mitchell J. Sassower , of counsel), for appellants-respondents.

Perry, Van Etten, Rozanski & Kutner, LLP, New York, NY ( Jessica J. Beauvais and Jeffrey K. Van Etten , of counsel), for defendant third-party defendant-respondent-appellant.

Bartlett LLP, Central Islip, NY ( David C. Zegarelli and Sam Bahavar , of counsel), for third-party defendant-respondent-appellant Fabiani Cohen & Hall, LLP, New York, NY ( Allison A. Snyder , of counsel), for defendants-respondents and defendant third-party plaintiff-respondent.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order dated July 24, 2020, as amended by the orders dated October 6, 2020, and October 21, 2020, respectively, is reversed insofar as appealed from, on the law, and the plaintiffs' motion 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 defendants City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction, LLC, is granted; and it...

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