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DIAZ v. P&K CONTRACTING, INC.

Index No. 32673/19, Appeal No. 1578, Case No. 2022-01917.

2024 NY Slip Op 00454

DORIAN DIAZ, Plaintiff-Respondent-Appellant, v. P&K CONTRACTING, INC., Defendant-Appellant-Respondent, TDX CONSTRUCTION CORPORATION, Defendant-Respondent. [A Third-Party Action] P&K CONTRACTING, INC., Second Third-Party Plaintiff-Appellant-Respondent, v. STEEL CONSTRUCTION, LLC, Second Third-Party Defendant-Respondent.

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

Decided February 1, 2024.

Attorney(s) appearing for the Case

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Jessica J. Beauvais of counsel), for appellant-respondent.

Joshua Annenberg , New York, for respondent-appellant.

Morris Duffy Alonso Faley & Pitcoff, New York ( Ira E. Goldstein , Kevin G. Faley and Iryna S. Krauchanka of counsel), for TDX Construction Corporation, respondent.

Scahill Law Group P.C., Bethpage ( Keri A. Wehrheim of counsel), for Steel Construction, LLC, respondent.

Before: Manzanet-Daniels, J.P., Kern, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 22, 2022, which, insofar as appealed from, granted defendant TDX Construction Corporation's motion for summary judgment dismissing the complaint as against it, granted P&K Contracting, Inc.'s motion for summary judgment to the extent of dismissing the Labor Law §§ 200, 241(6), as predicated on violations of Industrial Code (12 NYCRR) §§ 23-1.7(f), 23-2.1(a)(1) and 23-2.3(c), and...

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