O'SHEA v. PROCIDA CONSTR. CORP.

Index No. 32582/18E. Appeal No. 928. Case No. 2022-05421.

220 A.D.3d 622 (2023)

197 N.Y.S.3d 214

2023 NY Slip Op 05473

Michael O'Shea, Appellant-Respondent, v. Procida Construction Corp., et al., Respondents-Appellants. Procida Construction Corp. et al., Third-Party Plaintiffs-Respondents-Appellants, v. Cosan Construction, Third-Party Defendant-Respondent.

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

Decided October 31, 2023.


Attorney(s) appearing for the Case

Goldstein + Horowitz LLP, New York ( Michael M. Horowitz of counsel), for appellant-respondent.

Westermann Sheehy Samaan & Gillespie, LLP, East Meadow ( Peter S. Samaan of counsel), for respondents-appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondent-respondent.

Concur—Kapnick, J.P., Gesmer, Scarpulla, Rodriguez, O'Neill Levy, JJ.


Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered September 29, 2022, which denied plaintiff's motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims, and denied defendants/third-party plaintiffs' cross-motion for summary judgment on their contractual indemnification claim, unanimously modified, on the law, to grant plaintiff's motion seeking partial summary judgment on his Labor Law § 240(1) claim, and otherwise...

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