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LINARES v. CITY OF NEW YORK

Index No. 303086/15E. Appeal No. 16379. Case No. 2022-00675.

209 A.D.3d 468 (2022)

174 N.Y.S.3d 850

2022 NY Slip Op 05661

Enrique Linares, Respondent, v. City of New York et al., Appellants.

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

Decided October 11, 2022.

Attorney(s) appearing for the Case

Cerussi & Spring, P.C., White Plains ( Richard A. Gullo of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for respondent.

Concur—Gische, J.P., Kern, Gesmer, Rodriguez, Pitt, JJ.

Order, Supreme Court, Bronx County (Kim Adair Wilson, J.), entered November 16, 2021, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the Labor Law § 240(1) claim, and denied defendants' motion for summary judgment dismissing the Labor Law § 240(1) claim and the Labor Law § 241(6) claim predicated on violations of Industrial Code (12 NYCRR) §§...

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