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NAVA v. FRANKLIN

Index No. 30312/17. Appeal No. 781. Case No. 2023-00624.

220 A.D.3d 486 (2023)

198 N.Y.S.3d 14

2023 NY Slip Op 05191

Salvador Chavez Nava, Appellant, v. Aretha Franklin et al., Respondents, et al., Defendant. (And a Third-Party Action.).

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

Law Office of Jeffrey B. Melcer PLLC, New York ( Jeffrey B. Melcer of counsel), for appellant.

Desena & Sweeney, LLP, Bohemia ( Ronni Robbins Kravatz of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about October 6, 2022, which granted defendants Aretha Franklin and James Emmanuel, Jr.'s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff sustained injuries while working at a construction site where defendants were constructing a two-family home. The Labor Law §§ 240(1) and 241(6) claims as against defendants were properly...

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