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LOPEZ v. 157-161 E. 28th ST., LLC

Index No. 161135/18. Appeal No. 16413. Case No. 2021-04241.

209 A.D.3d 495 (2022)

176 N.Y.S.3d 621

2022 NY Slip Op 05756

Celvin Estrada Lopez, Plaintiff, v. 157-161 East 28th Street, LLC, et al., Defendants. 157-161 East 28th Street, LLC, et al., Third-Party Plaintiffs, v. New Wave Contracting Corp., Third-Party Defendant-Appellant. New Wave Contracting Corp. et al., Second Third-Party Plaintiffs-Appellants, v. Iceberg Developing Co., LLC, et al., Second Third-Party Defendants-Respondents.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Solomos & Storms, Astoria ( Derrick Storms of counsel), for appellants.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Oing, González, Kennedy, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about August 30, 2021, which, to the extent appealed from as limited by the briefs, granted second third-party defendants' motion for summary judgment dismissing the second third-party claims for breach of contract, unpaid overtime wages, and breach of constructive trust, and granted defendants/third-party plaintiffs' motion to dismiss the same counterclaims as asserted against them in the third-party...

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