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PONCE v. CITY OF NEW YORK

Index No. 24006/14E. Appeal No. 409. Case No. 2022-02653.

217 A.D.3d 464 (2023)

190 N.Y.S.3d 350

2023 NY Slip Op 02989

Juan Ponce et al., Appellants, v. City of New York et al., Defendants. (And Another Action.) Dormitory Authority of the State of New York, Third-Party Plaintiff-Respondent, v. Jacobs Project Management Co. et al., Third-Party Defendants-Respondents.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City ( Jeffrey Bloomfield of counsel), for appellants.

Cullen and Dykman, LLP, New York ( Michael J. Winter of counsel), for Dormitory Authority of The State of New York, respondent.

Law Offices of Cheng & Associates, LLP, Long Island City ( Pui Chi Cheng of counsel), for Jacobs Project Management Co., and Arc Electrical & Mechanical Contractors Corporation, respondents.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, JJ.

Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered on or about May 12, 2022, which, to the extent appealed from as limited by the briefs, granted defendant Dormitory Authority of the State of New York's (DASNY) motion for summary judgment dismissing plaintiffs' common-law negligence and Labor Law §§ 200 and 241(6) claims as against it, and denied plaintiffs' cross-motion for summary judgment on their Labor Law § 200 claim, unanimously modified...

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