CANTRE v. BLDG OCEANSIDE LLC

Index No. 22809/18E. Appeal No. 202. Case No. 2022-01278.

216 A.D.3d 451 (2023)

188 N.Y.S.3d 62

2023 NY Slip Op 02452

Herbert Cantre, Appellant, v. BLDG Oceanside LLC et al., Respondents.

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

Decided May 9, 2023.


Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for appellant.

Fabiani Cohen & Hall, LLP, New York ( Kevin B. Pollack of counsel), for respondents.

Concur—Renwick, A.P.J., Kapnick, Gesmer, Pitt-Burke, Higgitt, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 4, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment on the Labor Law § 240(1) claim, unanimously affirmed, without costs.

Even if plaintiff met his initial burden on his motion for partial summary judgment on the Labor Law § 240(1) claim, defendants raised triable issues of fact as to whether there was...

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