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WILSON v. BERGON CONSTR. CORP.

2021-00223. Index No. 502183/16.

219 A.D.3d 1380 (2023)

195 N.Y.S.3d 800

2023 NY Slip Op 04616

William Wilson, Appellant-Respondent, v. Bergon Construction Corp. et al., Respondents-Appellants. (And a Third-Party Action).

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant-respondent.

Martyn, Martyn, Smith, Murray & Yong, Hauppauge, NY ( Michael Argentieri , Laurie M. Lewis , and John McDonnell of counsel), for respondents-appellants.

Barros, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals, and the defendants cross-appeal, from an order of the Supreme Court, Suffolk County (Sanford Neil Berland, J.), dated December 27, 2020. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) and granted those branches of the defendants' cross...

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