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DeVITA v. NYY STEAK MANHATTAN, LLC

Index No. 158327/13. Appeal No. 17502-17503. Case Nos. 2021-00305, 2021-00307.

214 A.D.3d 477 (2023)

185 N.Y.S.3d 107

2023 NY Slip Op 01257

Michelle DeVita, as Administratrix of the Estate of Kevin McGonigal, Deceased, Appellant, v. NYY Steak Manhattan, LLC, et al., Respondents. (And a Third-Party Action.) Baring Industries, Inc., Second Third-Party Plaintiff-Respondent/Third Third-Party Defendant, v. Day & Nite Refrigeration Corp. et al., Second Third-Party Defendants-Respondents. NYY Steak Manhattan, LLC, et al., Third Third-Party Plaintiffs-Respondents, v. B&G Electrical Contractors et al., Third Third-Party Defendants-Respondents.

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

Decided March 14, 2023.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer , of counsel) for appellant.

Fabiani Cohen & Hall, LLP, New York ( Kevin B. Pollak , of counsel) for NYY Steak Manhattan, LLC and Plaza Construction Corp., respondents.

Goldberg Segalla LLP, White Plains ( William T. O'Connell , of counsel) for Baring Industries, Inc., respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( David A. LoRe , of counsel) for Day & Nite Refrigeration Corp. and Kimco Refrigeration Corp., respondents.

Fullerton Beck LLP, White Plains ( Edward J. Guardaro, Jr. , of counsel) for B&G Electrical Contractors, respondent.

Concur—Webber, J.P., Oing, Scarpulla, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered June 25, 2020, which, to the extent appealed from, granted the motion of defendants NYY Steak Manhattan, LLC, and Plaza Construction Corp. for partial summary judgment dismissing causes of action alleging common-law negligence and violation of Labor Law § 200 and sua sponte dismissed plaintiff's complaint in its entirety as to those defendants, unanimously reversed, on the law, without costs, and the...

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