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AGURTO v. ONE BOERUM DEV. PARTNERS LLC

Index Nos. 152793/19, 596014/19, 595084/20, 595832/20. Appeal No. 995. Case No. 2022-03587.

221 A.D.3d 442 (2023)

198 N.Y.S.3d 66

2023 NY Slip Op 05676

Lupo Agurto, Jr., Respondent, v. One Boerum Development Partners LLC, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent, and Nordest Services LLC et al., Respondents-Appellants, et al., Third-Party Defendants. Rock Group NY Corp., Also Known as Rock Group Corp., Third-Party Defendant-Respondent-Appellant/Second Third-Party Defendant-Respondent-Appellant. Nordest Services LLC, Second Third-Party Plaintiff-Respondent-Appellant. (And a Third Third-Party Action.)

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Nicole Verzillo of counsel), for appellant-respondent.

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford ( Lauren B. Bristol of counsel), for Nordest Services LLC, respondent-appellant.

Gartner + Bloom P.C., New York ( Jessica G. Price of counsel), for Noble Construction Group, LLP, respondent-appellant.

Malapero Prisco & Klauber LLP, New York ( Brian M. Healy of counsel), for Rock Group NY Corp., respondent-appellant.

Ginarte Gonzalez & Winograd, LLP, New York ( Anthony F. DeStefano of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered August 4, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the issue of liability on his Labor Law §§ 240(1) and 241(6) claims, granted the cross-motion of defendant/second third-party plaintiff Nordest Services LLC insofar as dismissing plaintiff's complaint as against it, dismissing the cross-claims asserted as against it by One...

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