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BUCCI v. CITY OF NEW YORK

Index No. 34069/19, Appeal No. 1407, Case No. 2022-04531.

2024 NY Slip Op 00124

NICHOLAS BUCCI, Plaintiff-Appellant-Respondent, v. CITY OF NEW YORK ET AL., Defendants-Respondents, HENRY HAAS, INC., ET AL., Defendants-Respondents-Appellants, HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION INC., ET AL., Defendants. CITY OF NEW YORK ET AL., Third-Party Plaintiffs-Respondents, v. VERIZON NEW YORK, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

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

Coffey Modica O'Meara, LLP, White Plains ( Jeffrey W. Gasbarro of counsel), for Henry Haas, Inc., Intercontinental Trust Brokerage Corp and Joel Encarnacion, respondents-appellants.

Calistri McLaughlin LLC, New York ( Charlene A. McLaughlin of counsel), for Verizon New York, Inc., respondent-appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York ( Steven DiSiervi of counsel), for respondents.

Before: Renwick, P.J., Manzanet-Daniels, González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 28, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims against defendants City of New York and Hunts Point Terminal Produce Cooperative Association, Inc. (collectively City/HP), granted City/HP's motion for summary judgment dismissing the complaint and cross-claims...

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