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ORTEGA v. FOURTRAX CONTR. CORP.

2020-05362. Index No. 606814/18.

214 A.D.3d 666 (2023)

182 N.Y.S.3d 913

2023 NY Slip Op 01096

Jose Santiago Orellana Ortega, Appellant, v. Fourtrax Contracting Corp. et al., Respondents. (And a Third-Party Action.).

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

Decided March 1, 2023.

Attorney(s) appearing for the Case

Sackstein Sackstein & Lee ( Michael H. Zhu , New York, NY, of counsel), for appellant.

Smith Sovik Kendrick & Sugnet, P.C., Uniondale, NY ( John D. Goldman of counsel), for respondents.

Iannacci, J.P., Miller, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Leonard D. Steinman, J.), dated June 29, 2020. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1), and denied the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging...

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