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FLORES v. EXOTIC DESIGN & WIRE LLC

Index Nos. 26717/19, 43445/20. Appeal No. 976. Case No. 2022-02190.

221 A.D.3d 428 (2023)

199 N.Y.S.3d 46

2023 NY Slip Op 05660

Walter Jonathan Contreras Flores, Respondent, v. Exotic Design & Wire LLC, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Brooklyn ( Melanie I. Wiener of counsel), for appellant.

Mischel & Horn, P.C., New York ( Christen Giannaros of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on May 19, 2022, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment as to liability on the Labor Law § 240(1) claim, and denied defendant/third-party plaintiff Exotic Design & Wire LLC (Exotic)'s motion for summary judgment dismissing that cause of action, unanimously affirmed, without costs.

Plaintiff established prima facie Exotic...

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