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GUARACA v. WEST 25th ST. HOUS. DEV. FUND CORP.

Index Nos. 24945/17, 43004/18, Appeal No. 2105, Case No. 2023-02496.

2024 NY Slip Op 02146

SEGUNDO JUAN GUARACA, Plaintiff-Respondent, v. WEST 25th STREET HOUSING DEVELOPMENT FUND CORPORATION, ET AL., Defendants-Appellants, THE LANDING ROAD CONDOMINIUM, Defendant. THE J. PILLA GROUP LTD., ET AL., Third-Party Plaintiffs-Appellants, v. MOURNE CONSTRUCTION, LLC, Third-Party Defendant-Appellant.

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

Decided April 23, 2024.

Attorney(s) appearing for the Case

Gallo Vitucci & Klar LLP, New York ( Nicholas Vevante of counsel), for West 25th Street Housing Development Fund Corporation, BRC Landing Road I Housing Development Fund Corporation and BRC Landing Road II LP, appellants.

Goetz Schenker Blee & Wiederhorn, LLP, New York ( Kelsey R. Miller , of counsel), for Mourne Construction, LLC, appellant.

Ahmuty, Demers & McManus, New York ( Frank J. Wenick of counsel), for The J. Pilla Group Ltd. and The Pilla Group Ltd., appellants.

Chirico Law PLLC, Brooklyn ( Vincent Chirico of counsel), for respondent.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 12, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the issue of liability on the Labor Law §§ 240 (1) and 241 (6) claims against defendants West 25th Street Housing Development Fund Corporation, BRC Landing Road I Housing Development Fund Corporation, BRC Landing Road II LP and defendant/third-party plaintiff The J....

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