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COON v. WFP TOWER B CO. L.P.

Index No. 151837/16. Appeal No. 691. Case No. 2022-01413.

220 A.D.3d 407 (2023)

197 N.Y.S.3d 31

2023 NY Slip Op 04922

William A. Coon et al., Appellants-Respondents, v. WFP Tower B Co. L.P. et al., Respondents-Appellants/Third-Party Plaintiffs-Respondents-Appellants. Allran Electric of N.Y., LLC, Third-Party Defendant-Respondent-Appellant.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellants-respondents.

Cullen & Dykman, LLP, New York ( Michael E. Joseph of counsel), for WFP Tower B Co. L.P., WFP Retail Co. L.P., Turner Construction Company, Time, Inc., and Security Control Integrators, respondents-appellants.

Marshall Dennehey Warner Coleman & Goggin, P.C., Melville ( Martin A. Schwartzberg of counsel), for Allran Electric of N.Y., LLC, respondent-appellant.

Concur—Oing, J.P., Friedman, Kennedy, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered March 9, 2022, which, to the extent appealed from as limited by the briefs, (1) denied plaintiffs' motion for partial summary judgment on the issue of liability on their Labor Law § 241 (6) claim, insofar as predicated on Industrial Code (12 NYCRR) § 23-1.7(e)(1), as against defendants/third-party plaintiffs WFP Tower B Co. L.P. (Tower), WFP Retail Co. L.P. (Retail; together with Tower, WFP defendants...

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