CAVEDO v. FLUSHING COMMONS PROP. OWNER, LLC

Index No. 151350/17. Appeal No. 528. Case No. 2022-01612.

217 A.D.3d 561 (2023)

191 N.Y.S.3d 400

2023 NY Slip Op 03401

Carlos Cavedo, Respondent, v. Flushing Commons Property Owner, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided June 22, 2023.


Attorney(s) appearing for the Case

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success ( Jonathan Shaub of counsel), for appellants.

The Platta Law Firm, PLLC, New York ( Michael L. Taub of counsel), for respondent.

Concur—Kern, J.P., Friedman, Mendez, Rodriguez, JJ.


Order, Supreme Court, New York County (Sabrina Kraus, J.), entered on or about March 24, 2022, which, to the extent appealed from, denied in part defendants' motion for summary judgment dismissing the complaint and granted plaintiff's motion for partial summary judgment on his Labor Law § 241(6) claim predicated on Industrial Code (12 NYCRR) § 23-1.7(e)(1), unanimously modified, on the law, to deny plaintiff's motion, and otherwise affirmed, without costs.

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