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MELENDEZ v. 1595 BROADWAY LLC

30238/18E. Appeal No. 17594. Case No. 2022-02061.

214 A.D.3d 600 (2023)

186 N.Y.S.3d 190

2023 NY Slip Op 01747

Andres Jamie Melendez, Appellant, v. 1595 Broadway LLC, et al., Respondents/Third-Party Plaintiffs-Respondents/ PCC Cleaning Solutions, Inc., Third-Party Defendant-Respondent, et al., Second Third-Party Defendant.

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

Decided March 30, 2023.

Attorney(s) appearing for the Case

William Schwitzer & Associates, PC, New York ( Travis K. Wong of counsel), for appellant.

Morris Duffy Alonso Faley & Pitcoff, New York ( Iryna S. Krauchanka and Kevin G. Faley of counsel), for 1595 Broadway LLC and Triple Builders LLC, respondents.

Wade Clark Mulcahy LLP, New York ( Abed Z. Bhuyan of counsel), for PCC Cleaning Solutions Inc., respondent.

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

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about May 9, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on the issue of liability on his Labor Law § 240(1) claim as to defendants 1595 Broadway LLC and Triple C Builders LLC, unanimously reversed, on the law, without costs, and the motion granted.

The court should have granted plaintiff partial summary judgment on his...

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