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VELASQUEZ v. 94 E. 208 ST. Partners LLC

Index No. 31258/19. Appeal No. 745. Case No. 2022-04473.

220 A.D.3d 472 (2023)

197 N.Y.S.3d 501

2023 NY Slip Op 05110

Jose Velasquez, Plaintiff, and Juan M. Maillazhungo, Appellant, v. 94 E. 208 Street Partners LLC et al., Respondents, et al., Defendant.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

Diamond and Diamond LLC, Brooklyn ( Stuart Diamond of counsel), for appellant.

Law Offices of Sanjay Chaubey, New York ( Sanjay Chaubey of counsel), for 94 E. 208 Street Partners LLC, respondent.

Farber Brocks & Zane L.L.P., Garden City ( Lester Chanin of counsel), for Linzi Contracting Services, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 28, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment as to liability on his Labor Law § 240(1) claim against defendant 94 E. 208 Street Partners LLC, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff Juan M. Maillazhungo established prima facie that defendant violated Labor Law §...

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