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AGOSTO v. MUSEUM OF MODERN ART

2020-07752. Index No. 709182/19.

219 A.D.3d 674 (2023)

194 N.Y.S.3d 568

2023 NY Slip Op 04292

Virginia Agosto, Respondent-Appellant, v. Museum of Modern Art, Appellant-Respondent, et al., Defendant.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York, NY ( Michael P. McDermott of counsel), for appellant-respondent.

Eric Richman (Subin Associates, LLP, New York, NY [ Christopher J. Soverow ], of counsel), for respondent-appellant.

Barros, J.P., Maltese, Ford and Dowling, JJ., concur.

In an action to recover damages for personal injuries, the defendant Museum of Modern Art appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Queens County (Robert J. McDonald, J.), entered September 29, 2020. The order, insofar as appealed from, denied those branches of the cross-motion of the defendant Museum of Modern Art which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law...

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