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KNIGHT v. AMMAN & WHITNEY, INC.

Index No. 23614/17E Appeal No. 926 Case No. 2022-05044.

222 A.D.3d 407 (2023)

201 N.Y.S.3d 23

2023 NY Slip Op 06215

Clayton Knight, Respondent, v. Amman & Whitney, Inc., et al., Appellants, et al., Defendant.

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

Decided December 5, 2023.

Attorney(s) appearing for the Case

McGaw & Alventosa, Jericho ( Mary C. Azzaretto of counsel), for appellants.

The Grandelli Firm, New York ( Leigh D. Eskenasi of counsel), for respondent.

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

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about October 14, 2022, which, to the extent appealed from as limited by the briefs, denied defendant Amman & Whitney, Inc.'s motion for summary judgment dismissing plaintiff's Labor Law §§ 240(1) and 241(6) claims and, upon a search of the record, granted plaintiff summary judgment as to liability on the Labor Law § 240(1) claim, unanimously modified, on the law, to vacate the award...

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