MANFREDONIA v. 750 ASTOR LLC

Index No. 22803/14. Appeal No. 512. Case No. 2022-02059.

217 A.D.3d 573 (2023)

191 N.Y.S.3d 404

2023 NY Slip Op 03409

Salvatore Manfredonia, Respondent, v. 750 Astor LLC, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Jewish Board of Family and Children's Services, Inc., Third-Party Defendant-Appellant.

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

Decided June 22, 2023.


Attorney(s) appearing for the Case

Rosenbaum & Taylor, P.C., White Plains ( Dara L. Rosenbaum of counsel), for 750 Astor, LLC, appellant.

Ahmuty, Demers & McManus, Albertson ( Nicholas P. Calabrio of counsel), for Jewish Board of Family and Children's Services, Inc., appellant.

Edelstein & Grossman, New York ( Jonathan I. Edelstein of counsel), for respondent.

Concur—Renwick, P.J., Kennedy, Scarpulla, Shulman, Higgitt, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 22, 2022, which granted plaintiff's motion for summary judgment as to liability on his Labor Law § 240(1) claim against defendant property owner, unanimously affirmed, without costs.

Plaintiff established entitlement to judgment as a matter of law as to the owner's liability. He submitted deposition testimony showing that he was on site to repair a drain pipe on third-party defendant tenant...

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