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RUIZ v. ROOSEVELT TERRACE COOPERATIVE, INC.

Index No. 22868/18E. Appeal No. 17105. Case No. 2021-03872.

212 A.D.3d 487 (2023)

179 N.Y.S.3d 903

2023 NY Slip Op 00189

Hector Aragon Ruiz, Respondent, v. Roosevelt Terrace Cooperative, Inc., et al., Appellants-Respondents, and AFP Twenty Eight Corp., Respondent-Appellant, et al., Defendant.

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

Decided January 17, 2023.

Attorney(s) appearing for the Case

Hannum Feretic Prendergast & Merlino, LLC, New York ( Michael J. Caulfield of counsel), for appellants-respondents.

Mauro Lilling Naparty LLP, Woodbury ( Seth M. Weinberg of counsel), for respondent-appellant.

The Law Office of Judah Z. Cohen, PLLC, Woodmere ( Judah Z. Cohen of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 8, 2021, which, to the extent appealed from, granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 241(6) claim, and denied defendant DJM NYC, LLC's motion for summary judgment dismissing plaintiff's Labor Law § 200 claim against it, unanimously modified, on the law, to deny plaintiff's motion, and otherwise affirmed, without costs.

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