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MARTINEZ v. KINGSTON 541, LLC

150812/17, 595156/18, 595163/18. Appeal No. 16720. Case No. 2022-01074.

210 A.D.3d 556 (2022)

179 N.Y.S.3d 200

2022 NY Slip Op 06638

Juan Velasco Martinez, Respondent, v. Kingston 541, LLC, et al., Defendants, Midwood Living, LLC, Appellant-Respondent, and Busa Builders, LLC, Respondent-Appellant. (And Other Third-Party Actions.)

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York ( Dana M. Catanzaro of counsel), for appellant-respondent.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Andrew D. Showers of counsel), for respondent-appellant.

Alexander J. Wulwick , New York, for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.

Order, Supreme Court, New York County (Francis Kahn, III, J.), entered on or about October 19, 2021, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the issue of liability on his Labor Law § 240(1) claim, and denied defendants Midwood Living, LLC's (Midwood) and Busa Builders, LLC's (Busa) motion for summary judgment dismissing that claim, denied Midwood's motion for summary judgment on its cross claims...

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