FUENTES v. 257 TOPPINGS PATH, LLC

2021-04928, Index No. 613573/17.

2024 NY Slip Op 01535

GREGORIO FUENTES, ET AL., Appellants-Respondents, v. 257 TOPPINGS PATH, LLC, ET AL., Defendants Third-Party Plaintiffs-Respondents-Appellants, BUILDER SERVICES GROUP, INC., ETC., Third-Party Defendant-Respondent.

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

Decided March 20, 2024.


Attorney(s) appearing for the Case

Oresky & Associates, PLLC, Bronx, NY ( Joshua E. Goldblatt of counsel), for appellants-respondents.

Gallo Vitucci Klar LLP, New York, NY ( C. Briggs Johnson of counsel), for defendants third-party plaintiffs-respondents-appellants.

Ansa Assuncao, LLP, White Plains, NY ( Stephen P. McLaughlin of counsel), for third-party defendant-respondent.

Before: Angela G. Iannacci, J.P., Lara J. Genovesi, Helen Voutsinas, Janice A. Taylor, JJ.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, and the defendants third-party plaintiffs cross-appeal, from an order of the Supreme Court, Nassau County (Christopher G. Quinn, J.), entered June 21, 2021. The order, insofar as appealed from, denied the plaintiffs' motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1) and so much of the...

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