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CASTALDO v. F.J. SCIAME CONSTR. CO. INC.

Index No. 158417/18 Appeal No. 1303 Case No. 2022-05123.

222 A.D.3d 579 (2023)

202 N.Y.S.3d 309

2023 NY Slip Op 06801

Domenico Castaldo et al., Respondents, v. F.J. Sciame Construction Co. Inc. et al., Appellants, et al., Defendant.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney, New York ( Barbara A. Sheehan of counsel), for appellants.

Sacks & Sacks, LLP, New York ( Scott N. Singer of counsel), for respondents.

Concur—Kern, J.P., Oing, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered October 13, 2022, which, to the extent appealed from, granted plaintiffs' cross-motion for summary judgment on their Labor Law § 241(6) claim insofar as predicated on Industrial Code (12 NYCRR) §§ 23-1.7(e)(2) and 23-2.1(a) and denied the motion for summary judgment by defendants F.J. Sciame Construction Co. Inc. (F.J. Sciame) and Sciame Construction, LLC (Sciame LLC and, together with F.J...

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