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CARACCIOLO v. SHS RALPH, LLC

2019-08578, Index No. 512132/16.

2024 NY Slip Op 02035

RICHARD CARACCIOLO, Respondent, v. SHS RALPH, LLC, ET AL., Defendants, WILCOX DEVELOPMENT CORP., Appellant. (And a Third-Party Action).

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

Decided April 17, 2024.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York, NY ( Narriman Subrati and Susan Mahon of counsel), for appellant.

Schwartzapfel Lawyers, P.C. ( Michael H. Zhu, Esq. , P.C., New York, NY, of counsel), for respondent.

Babchik & Young, LLP ( Melissa C. Cartaya and Kaufman Dolowich Voluck, LLP, White Plains, NY [ Jorja Carr ], of counsel), for third-party defendant Thyssenkrupp Elevator Corporation.

Before: Mark C. Dillon, J.P., Linda Christopher, Lara J. Genovesi, Barry E. Warhit, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Wilcox Development Corp. appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated June 11, 2019. The order, insofar as appealed from, denied those branches of the motion of the defendant Wilcox Development Corp. which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§ 200 and 240(1) and common...

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