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KEILITZ v. LIGHT TOWER FIBER N.Y., INC.

Index No. 158494/17, 595032/19. Appeal No. 982. Case No. 2022-04617.

221 A.D.3d 429 (2023)

198 N.Y.S.3d 690

2023 NY Slip Op 05661

Christopher Keilitz, Appellant, v. Light Tower Fiber New York, Inc., et al., Respondents. Light Tower Fiber New York, Inc., Third-Party Plaintiff-Respondent, v. Hellman Electric Corp., Third-Party Defendant-Respondent/Second Third-Party Plaintiffs-Respondents. Verizon New York, Inc., et al., Second Third-Party Plaintiffs-Respondents.

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellant.

Barry McTiernan & Moore LLC, New York ( David H. Schultz of counsel), for Light Tower Fiber New York Inc., respondent.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Hellman Electric Corp., respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Katie Lee Wright of counsel), for Verizon New York Inc., Verizon Communications, Inc., and Empire City Subway, respondents.

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

Order, Supreme Court, New York County (William Perry, J.), entered June 28, 2022, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment on the Labor Law § 240(1) claim and so much of the Labor Law § 241(6) claim as based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7(a)(1), granted the motion of defendants Verizon New York, Inc., Verizon Communications, Inc., and Empire City Subway ...

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