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BALFE v. GRAHAM

2020-04454. Index No. 1279/13.

214 A.D.3d 693 (2023)

183 N.Y.S.3d 324

2023 NY Slip Op 01172

Thomas Balfe, Appellant, v. Kenneth Graham et al., Defendants, and Old World Quality Corp., Respondent. (And a Third-Party Action.).

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

Decided March 8, 2023.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren Bryant ], of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Gregory S. Katz of counsel), for respondent.

Cascone & Kluepfel, LLP, Garden City, NY ( Howard B. Altman of counsel), for defendant J. Delucia Plumbing & Heating, Inc.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Linda Kevins, J.), dated May 28, 2020. The order, insofar as appealed from, granted that branch of the motion of the defendant Old World Quality Corp. which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1) insofar as asserted against it.

Ordered that the order is affirmed insofar as...

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