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MANN v. MEZUYON, LLC

Index No. 159185/16, Appeal No. 1932, Case No. 2023-03197.

2024 NY Slip Op 01764

WILLIAM MANN, Plaintiff-Appellant, v. MEZUYON, LLC, Defendant-Respondent, BREAKING SOLUTIONS, INC., Defendant. MEZUYON, LLC, Third-Party Plaintiff-Respondent, v. MAYRICH CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided March 28, 2024.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( Travis K. Wong of counsel), for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Lorin A. Donnelly of counsel), for Mezuyon, LLC, respondent.

Law Offices of Kevin P. Westerman, Elmsford ( Richard W. Ashnault of counsel), for Mayrich Construction Corp., respondent.

Before: Manzanet-Daniels, J.P., Kapnick, González, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Richard Latin, J.), entered April 14, 2023, which, to the extent appealed from, granted third-party defendant Mayrich Construction Corp.'s motion for summary judgment dismissing plaintiff's claim pursuant to Labor Law § 241(6) predicated on Industrial Code (12 NYCRR) § 23-4.2(k), unanimously affirmed, without costs.

Plaintiff alleges that he was injured while working as a drill blaster at an excavation site when he...

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