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LINDEMANN v. VNO 100 WEST 33rd STREET LLC

Index Nos. 159374/15, 595849/15, 595864/18, Appeal No. 1376, Case No. 2022-03138.

2024 NY Slip Op 00047

SCOTT LINDEMANN, Plaintiff-Appellant, v. VNO 100 WEST 33rd STREET LLC ET AL., Defendants-Respondents. ICON INTERIORS, INC., Third-Party Plaintiff-Respondent, v. CENTRE STREET SYSTEMS, INC., Third-Party Defendant. VNO 100 WEST 33rd STREET LLC, Second Third-Party Plaintiff-Respondent, v. HI TECH DATA FLOORS, INC., Second Third-Party Defendant-Respondent.

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

Decided January 9, 2024.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Frank J. Wenick of counsel), for VNO 100 West 33rd Street LLC, and Icon Interiors, respondents.

Before: Webber, J.P., Gesmer, Kennedy, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered June 27, 2022, which, to the extent appealed from, granted defendants' motion for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

The court properly granted defendants' motion for summary judgment. As for plaintiff's Labor Law § 241(6) cause of action, predicated on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7(f), defendants established...

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