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ERAZO v. ROCKAWAY VIL. HOUS. DEV. FUND CORP.

Index No. 155321/20 Appeal No. 1323 Case No. 2023-02097.

222 A.D.3d 585 (2023)

202 N.Y.S.3d 315

2023 NY Slip Op 06805

Jaime Erazo, Appellant, v. Rockaway Village Housing Development Fund Corporation et al., Respondents.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Harrington, Ocko & Monk, LLP, White Plains ( Matthew R. Bremner of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Friedman, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered December 9, 2022, which denied plaintiff's motion for partial summary judgment on his Labor Law § 240(1) cause of action, unanimously affirmed, without costs.

Supreme Court properly found that defendants raised triable issues of fact precluding summary judgment on liability (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). The sworn statement...

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