SIMPERTEGUI v. CARLYLE HOUSE INC.

Index No. 27911/17, Appeal No. 2233, Case No. 2023-02362.

2024 NY Slip Op 02609

EYDER SIMPERTEGUI, ET AL., Plaintiffs-Respondents, v. CARLYLE HOUSE INC., Defendant-Appellant, HOTEL CARLYLE OWNERS CORP., Defendant. [And A Third-Party Action]

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

Decided May 9, 2024.


Attorney(s) appearing for the Case

Coffey Modica LLP, White Plains ( Ross S. Wagner , of counsel), for appellant.

Gorayeb & Associates, P.C., New York ( Jonathan D. Moran of counsel), for respondents.

Before: Kern, J.P., Oing, Kennedy, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 28, 2023, which, to the extent appealed from, granted plaintiffs' motion for summary judgment on liability his Labor Law §240(1) cause of action, unanimously reversed, on the law, without costs, and plaintiff's motion denied.

Plaintiff was allegedly injured while removing and replacing bricks on a building at a construction site. At his deposition, plaintiff testified that while working, he...

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