COTRONEO v. VAN WAGNER SIGN ERECTORS, LLC

Index Nos. 162038/15, 595393/16, 595504/19, 596052/20. Appeal No. 16604. Case No. 2021-03618.

210 A.D.3d 421 (2022)

177 N.Y.S.3d 40

2022 NY Slip Op 06161

Cosmo Cotroneo, Appellant, v. Van Wagner Sign Erectors, LLC, Now Known as Outfront Media Sign Erectors, LLC., et al., Respondents. Cross Management Corp., Third-Party Plaintiff, v. Nead Electric of New Jersey, Inc., Third-Party Defendant-Respondent/Second Third-Party Defendant-Respondent. Vornado Realty Trust et al., Third Third-Party Plaintiffs-Respondents, et al., Third Third-Party Plaintiffs, v. Nead Electric of New Jersey, Inc., et al., Third Third-Party Defendants-Respondents. Van Wagner Sign Erectors, LLC, Now Known as Outfront Media Sign Erectors, LLC., Second Third-Party Plaintiff-Respondent.

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

Decided November 3, 2022.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Kristen A. Carroll of counsel), for Van Wagner Sign Erectors, LLC, Van Wagner Electrical and Maintenance, LLC, and Van Wagner Communications, LLC, respondents.

Milber Makris Plousadis & Seiden, LLP, Purchase ( Otto Cheng of counsel), for Nead Electric, Inc. and Nead Electric of New Jersey, Inc., respondents.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Nicholas Napoli of counsel), for Vornado Realty Trust and One Penn Plaza, LLC, respondents.

Concur—Acosta, P.J., Kapnick, Mazzarelli, González, Rodriguez, JJ.


Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 20, 2021, which, insofar as appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the Labor Law § 240(1) claim and denied plaintiff's motion for summary judgment as to liability on the Labor Law §§ 240(1) and 241(6) claims, unanimously modified, on the law, to grant plaintiff's motion for summary judgment

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