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KULL v. AHERN RENTALS, INC.

Index No. 151916/22. Appeal No. 624. Case No. 2022-05166.

219 A.D.3d 1224 (2023)

195 N.Y.S.3d 470

2023 NY Slip Op 04721

Domenico Kull, Respondent, v. Ahern Rentals, Inc., Appellant, et al., Defendants.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Goldberg Segalla , LLP, Buffalo ( James M. Specyal of counsel), for appellant.

Sacco & Fillas, LLP, Astoria ( Anthony Zullo of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered October 13, 2022, which denied defendant Ahern Rentals Inc.'s (Ahern) motion pursuant to CPLR 3211(a)(7) to dismiss the second cause of action for negligence, and pursuant to CPLR 3211(a)(1) and (7) and to dismiss the fourth cause of action for Labor Law §§ 200, 240, and 241 claims asserted against it, unanimously modified, on the law, to grant the motion to the extent of dismissing plaintiff...

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