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FISCHER v. VNO 225 W. 58TH ST. LLC

Index No. 152811/18. Appeal No. 50. Case No. 2022-04507.

215 A.D.3d 486 (2023)

189 N.Y.S.3d 9

2023 NY Slip Op 01955

William Fischer et al., Respondents-Appellants, v. VNO 225 West 58th Street LLC et al., Appellants-Respondents.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellants-respondents.

The Gucciardo Law Firm, PLLC, Mineola ( Daniel P. Maltese of counsel), for respondents-appellants.

Concur—Webber, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (William Perry, J.), entered March 23, 2022, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the Labor Law § 240(1) claim, denied plaintiff's motion for summary judgment on the Labor Law § 241(6) claim predicated on Industrial Code (12 NYCRR) § 23-5.1, and granted plaintiff's motion insofar as predicated on Industrial Code (12 NYCRR) § 23-1.22...

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