ASIAN v. FLINTLOCK CONSTR. SERVS., LLC

Index No. 150767/18, Appeal No. 1843, Case No. 2023-01117.

2024 NY Slip Op 01335

SAUL ASIAN, Plaintiff-Respondent, v. FLINTLOCK CONSTRUCTION SERVICES, LLC, Defendant-Appellant, LICKEEN CONSULTING CORP. ET AL., Defendants. FLINTLOCK CONSTRUCTION SERVICES, LLC, Third-Party Plaintiff-Appellant, v. SKY MATERIALS CORP., Third-Party Defendant-Respondent.

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

Decided March 14, 2024.


Attorney(s) appearing for the Case

Wood Smith Henning & Berman LLP, New York ( Courtney L. Scharpf , of counsel), for appellant.

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

Fabiani Cohen & Hall, LLP, New York ( Kevin B. Pollack of counsel), for Sky Materials Corp., respondent.

Before: Webber, J.P., Oing, González, Kennedy, Shulman, JJ.


Order, Supreme Court, New York County (William Perry, J.), entered August 2, 2022, which, insofar as appealed from, granted plaintiff's motion for partial summary judgment on the Labor Law § 240(1) claim and so much of the Labor Law § 241(6) claim as based on an alleged violation of Industrial Code (12 NYCRR) § 23-3.3(b)(4) as against defendant Flintlock Construction Services, LLC (Flintlock), and denied Flintlock's motion for summary judgment on its contractual...

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