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LEMACHE v. ELK MANHASSET LLC

Index No. 21827/19 Appeal No. 1333 Case No. 2023-02424.

222 A.D.3d 591 (2023)

202 N.Y.S.3d 311

2023 NY Slip Op 06810

Juan Lemache et al., Respondents, v. Elk Manhasset LLC, Appellant/Third-Party Plaintiff-Appellant. Anchor Contracting NY, Corp., Third-Party Defendant-Respondent.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant.

Hogan & Cassell, LLP, Jericho ( Michael Cassell of counsel), for Juan Lemache and Segungo Lluilema, respondents.

Law Office of Linda A. Stark, New York ( Linda A. Stark of counsel), for Anchor Contracting NY, Corp., respondent.

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

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 14, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for partial summary judgment on their Labor Law §§ 240(1) and 241(6) claims against defendant/third-party plaintiff (Elk), granted third-party defendant's (Anchor) motion for summary judgment dismissing Elk's third-party complaint, and denied Elk's motion...

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