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DEPASS v. MERCER SQ., LLC

2021-03647. Index No. 706728/20.

219 A.D.3d 801 (2023)

195 N.Y.S.3d 117

2023 NY Slip Op 04363

Gerald Depass, Respondent, v. Mercer Square, LLC, et al., Appellants.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Litchfield Cavo, LLP, New York, NY ( Ralph A. Cosentino and Lyndsey Bechtel of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY ( Brian J. Isaac and Jillian Rosen of counsel), for respondent.

Barros, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Robert J. McDonald, J.), dated April 27, 2021. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) and to strike the first, third, ninth, tenth...

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