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DE LOS SANTOS v. CARLYLE HOUSE INC.

Index No. 28573/17, Appeal No. 2319, Case No. 2023-01686.

2024 NY Slip Op 02775

JOEL DE LOS SANTOS, Respondent, v. CARLYLE HOUSE INC., Appellant, HOTEL CARLYLE OWNERS CORPORATION ET AL., Defendants. (And A Third-Party Action.)

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

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

Pollack, Pollack, Isaac & Decicco, LLP, New York ( Jillian Rosen of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Moulton, Mendez, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 9, 2023, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the Labor Law § 240(1) claim and so much of the § 241(6) claim as predicated on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7(d) as against defendant Carlyle House Inc., unanimously affirmed, without costs.

Plaintiff met his prima facie burden...

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