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LINARES v. MASSACHUSSETTS MUT. LIFE INS. CO.

Index No. 150159/18, Appeal No. 1895, Case No. 2023-02518.

2024 NY Slip Op 01609

JOSE LINARES, Plaintiff-Respondent, v. MASSACHUSSETTS MUTUAL LIFE INSURANCE COMPANY ET AL., Defendants-Appellants, ROSELAND MANAGEMENT COMPANY, L.L.C., Defendant. CAPITAL BUILDERS GROUP, INC., Third-Party Plaintiff-Appellant, v. TOLMAC CONTRACTING INC., Third-Party Defendant-Appellant. MASSACHUSSETTS MUTUAL LIFE INSURANCE COMPANY, Second Third-Party Plaintiff, v. TOLMAC CONTRACTING INC., Second Third-Party Defendant-Appellant.

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

Decided March 21, 2024.

Attorney(s) appearing for the Case

O'Connor Redd Orlando LLP, Port Chester ( Joseph A. Orlando of counsel), for Massachussetts Mutual Life Insurance Company and Capital Builders Group, Inc., appellants.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Marla Miller Ostrover of counsel), for Tolmac Contracting Inc., appellant.

Oresky & Associates, PLLC, Bronx ( Michael Cassell of counsel), for respondent.

Before: Oing, J.P., Kapnick, Shulman, Rodriguez, O'Neill Levy, JJ.

Order, Supreme Court, New York County (James E. D'Auguste, J.), entered on or about May 12, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim against defendants Massachusetts Mutual Life Insurance Company (MMLI) and Capital Builders Group, Inc. (collectively, MMLI/Capital) and denied MMLI/Capital's motion for summary judgment dismissing the Labor Law § 200 and...

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