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CASTANEDA v. AMSTERCO 67, LLC

Index No. 30981/19E. Appeal No. 665. Case No. 2022-03262.

220 A.D.3d 406 (2023)

197 N.Y.S.3d 24

2023 NY Slip Op 04921

Mark Castaneda, Appellant, v. Amsterco 67, LLC, et al., Defendants, and Premier Company et al., Respondents. (And a Third-Party Action.)

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Peña & Kahn PLLC, Bronx ( Jeffrey J. Schietzelt of counsel), for appellant.

Perry Van Etten Rozanski & Kutner, LLP, New York ( Steven Balson-Cohen of counsel), for Premier Company, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Kristen A. Carroll of counsel), for Outsect Incorporated, respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 7, 2022, which denied plaintiff's motion for summary judgment as to liability on his Labor Law § 240(1) claim and granted defendants Premier Company's and Outsect Incorporated's cross-motions for summary judgment dismissing the Labor Law §§ 200, 240(1) and 241(6) claims as against them, unanimously modified, on the law, to deny Outsect's cross-motion to the extent it seeks summary judgment...

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