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CASTILLO v. TRM CONTRACTING 626, LLC

Index No. 23185/19, Appeal No. 1413, Case No. 2023-01201.

2024 NY Slip Op 00126

NOEL CASTILLO, Plaintiff-Respondent, v. TRM CONTRACTING 626, LLC, ET AL., Defendants-Appellants. [And Third-Party Actions]

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

O'Connor Redd Orlando LLP, New York ( Peter Urreta of counsel), for appellants.

Shayne, Dachs, New York ( Jonathan A. Dachs of counsel), for respondent.

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

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered February 23, 2023, which denied defendants' motion to renew plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim, unanimously affirmed, without costs.

The motion court providently denied defendants' motion to renew based on the deposition testimony of plaintiff's foreman, as they failed to offer a valid excuse for not obtaining the foreman's deposition sooner or show due...

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