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BURCHILL v. CITY OF NEW YORK

Index No. 153149/16. Appeal No. 640. Case No. 2022-05133.

219 A.D.3d 1244 (2023)

197 N.Y.S.3d 131

2023 NY Slip Op 04817

Samuel Burchill, Respondent, v. City of New York et al., Appellants, et al., Defendants.

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

Decided September 28, 2023.

Attorney(s) appearing for the Case

Kahana & Feld LLP, New York ( Sofya Uvaydov of counsel), for appellants.

William Schwitzer & Associates, P.C., New York ( Christopher W. Drake of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about May 6, 2022, which, to the extent appealed from, denied defendants City of New York and Consolidated Edison of New York's (ConEd) motion for summary judgment dismissing the Labor Law § 241(6) claim as against the City and the Labor Law § 200 and common-law negligence claims as against both defendants, unanimously modified, on the law, the motion as to the claims against the City granted...

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