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LOPEZ v. 106 LPA LLC

Index No. 300181/16E Appeal No. 1245-1246 Case Nos. 2022-03947, 2023-02350.

222 A.D.3d 526 (2023)

202 N.Y.S.3d 77

2023 NY Slip Op 06481

Gersson Lopez, Respondent-Appellant, v. 106 LPA LLC et al., Appellants-Respondents, et al., Defendants. 106 LPA LLC et al., Third-Party Plaintiffs-Appellants-Respondents, et al., Third-Party Plaintiff, v. Scalpel Contracting, Inc., Third-Party Defendant-Respondent.

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

Decided December 19, 2023.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York ( Beth A. Saydak of counsel), for appellants-respondents.

Gorayeb & Associates, P.C., New York ( Martin J. Moskowitz of counsel), for respondent-appellant.

Barry, McTiernan & Moore, New York ( Allison A. Snyder of counsel), for respondent.

Concur—Kapnick, J.P., Kennedy, Rodriguez, Pitt-Burke, Rosado, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 1, 2022, which, to the extent appealed from as limited by the briefs, denied defendants 106 LPA LLC and Liani Development Group, LLC's (defendants) motion for summary judgment dismissing plaintiff's Labor Law § 240(1) claim, granted defendants' motion as to the Labor Law § 241 (6) claim, and denied plaintiff's motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6...

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