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VERDUGO v. FOX BLDG. GROUP, INC.

286 CA 22-00014.

218 A.D.3d 1179 (2023)

193 N.Y.S.3d 524

2023 NY Slip Op 03998

Joel Verdugo, Appellant, v. Fox Building Group, Inc., et al., Respondents.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

DOLCE PANEPINTO, P.C., BUFFALO ( SEAN COONEY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( DAVID M. KATZ OF COUNSEL), FOR DEFENDANT-RESPONDENT FOX BUILDING GROUP, INC.

BURKE, SCOLAMIERO & HURD, LLP, ALBANY ( STEVEN V. DEBRACCIO OF COUNSEL), FOR DEFENDANT-RESPONDENT HINSDALE ROAD GROUP, LLC.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT CNY BOOM TRUCK, LLC.

SMITH, DOMINELLI & GUETTI, LLC, ALBANY ( CHRISTOPHER A. GUETTI OF COUNSEL), FOR DEFENDANT-RESPONDENT CBD CONSTRUCTION, LLC.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered November 24, 2021. The order, among other things, denied plaintiff's motion for summary judgment and granted those parts of defendants' motions seeking summary judgment dismissing plaintiff's Labor Law § 240(1) causes of action.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of defendants' motions seeking...

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