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IUCULANO v. CITY OF NEW YORK

Index No. 151380/20. Appeal No. 17551. Case No. 2022-03379.

214 A.D.3d 535 (2023)

185 N.Y.S.3d 144

2023 NY Slip Op 01478

Andrew Iuculano, Respondent, v. City of New York et al., Appellants, et al., Defendant.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( James M. Strauss of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Kelly Breslauer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about June 22, 2022, which, to the extent appealed from, granted plaintiff's motion for summary judgment as to liability on the Labor Law § 240(1) claim, unanimously affirmed, without costs.

At his hearing pursuant to General Municipal Law § 50-h, plaintiff testified that he had assisted his foreman and several coworkers in raising a set of vertical legs and a horizontal five beam...

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