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FOOTMAN v. D'ONOFRIO GEN. CONTRS. CORP.

Index No. 156910/21. Appeal No. 66. Case No. 2022-00657.

215 A.D.3d 487 (2023)

186 N.Y.S.3d 208

2023 NY Slip Op 01956

Eric Footman, Appellant, v. D'Onofrio General Contractors Corp., Respondent, et al., Defendant.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, New York ( Jack L. Newhouse of counsel), for appellant.

Abrams Fensterman, LLP, Brooklyn ( Adam M. Birnbaum of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Laurence L. Love, J.), entered on or about January 10, 2022, which granted defendant D'Onofrio General Contractors Corp.'s (D'Onofrio) motion to dismiss the complaint as against it, unanimously reversed, on the law, the motion denied, with costs, and the complaint reinstated as against D'Onofrio.

In this action to recover payment of prevailing wages, D'Onofrio's motion to dismiss the complaint against it should have been denied...

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