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YORK v. TAPPAN ZEE CONSTRUCTORS, LLC

Index No. 154016/18, Appeal No. 1672, Case No. 2023-00824.

2024 NY Slip Op 00826

KENNETH YORK, Plaintiff-Respondent-Appellant, v. TAPPAN ZEE CONSTRUCTORS, LLC, Defendant-Respondent-Appellant, ACK MARINE AND GENERAL CONTRACTING, LLC, Defendant. TAPPAN ZEE CONSTRUCTORS, LLC, Third-Party Plaintiff-Respondent-Appellant, v. LB ELECTRIC CO., LLC, Third-Party Defendant-Appellant-Respondent.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Glenn A. Kaminska of counsel), for appellant-respondent.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for Kenneth York, respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for Tappan Zee Constructors, LLP, respondent-appellant.

Before: Moulton, J.P., Friedman, Gesmer, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered January 20, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment as to liability on the Labor Law § 241(6) claim predicated on a violation of Industrial Code (12 NYCRR) § 23-1.7(d) and denied that part of his motion that sought partial summary judgment on the Labor Law § 240 (1) claim, granted defendant Tappan Zee Constructors...

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