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GARCIA v. 1000 DEAN, LLC

2020-07802. Index No. 507711/14.

219 A.D.3d 1491 (2023)

196 N.Y.S.3d 755

2023 NY Slip Op 04753

Daniel Hernandez Garcia, Appellant, v. 1000 Dean, LLC, Respondent, et al., Defendant.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Lawrence P. Biondi ( Lisa M. Comeau , Garden City, NY, of counsel), for appellant.

Perry Van Etten Rozanski & Kutner, LLP ( Carol R. Finocchio , Water Mill, NY, of counsel), for respondent.

Iannacci, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Loren Baily-Schiffman, J.), dated September 22, 2020. The order, in effect, denied the plaintiff's motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendant 1000 Dean, LLC, on so much of the Labor Law § 241(6) cause of action as was predicated on a violation of 12 NYCRR 23-1.7(e)(1) and for judgment as a matter of...

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