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BALBUENA v. 395 HUDSON N.Y., LLC

Index No. 151031/14. Appeal No. 17599. Case No. 2022-00760.

214 A.D.3d 586 (2023)

186 N.Y.S.3d 183

2023 NY Slip Op 01737

Celsa Balbuena, Respondent-Appellant, v. 395 Hudson New York, LLC, Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, and MBI Group, Appellant-Respondent. Collins Building Services, Inc., Third-Party Defendant-Respondent.

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

Decided March 30, 2023.

Attorney(s) appearing for the Case

Law Office of Eric D. Feldman, New York ( Michael J. Kozoriz of counsel), for appellant-respondent.

Lesch & Lesch, P.C., Bronx ( Beth S. Gereg of counsel), for Celsa Balbuena, respondent-appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for 395 Hudson New York, LLC, respondent-appellant.

Chalos & Co, P.C., Oyster Bay ( Briton P. Sparkman of counsel), for Collins Building Services, Inc., respondent.

Concur—Renwick, A.P.J., Gesmer, Singh, González, Scarpulla, JJ.

Order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered on or about January 12, 2022, which, to the extent appealed from as limited by the briefs, denied so much of defendant MBI Group's (MBI) motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims as against it and granted so much of the motion as sought dismissal of the Labor Law § 241(6) claim as against it, and granted defendant 395 Hudson New York, LLC's ...

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