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SANCHEZ v. COLORADO ASSOC., LLC

301364/16E. Appeal No. 17440. Case No. 2021-02856.

214 A.D.3d 424 (2023)

183 N.Y.S.3d 304

2023 NY Slip Op 01151

Gilbert Sanchez, Appellant, v. Colorado Associates, LLC, Respondent. (And a Third-Party Action.)

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for appellant.

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Jeffrey K. Van Etten of counsel), for respondent.

Concur—Moulton, J.P., González, Scarpulla, Shulman, JJ.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered July 21, 2021, which granted defendant's motion for leave to renew plaintiff's motion for partial summary judgment and, upon renewal, denied plaintiff's motion for summary judgment as to liability on the Labor Law § 240(1) claim, unanimously affirmed, without costs.

The court providently exercised its discretion in granting defendant's renewal motion in the interest of justice (see 490-492...

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