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MUNOZ v. JDS SEAGIRT LLC

Index No. 154427/17, Appeal No. 2323, Case No. 2022-05372.

2024 NY Slip Op 02779

JOSE GUILLERMO MUNOZ, Respondent, v. JDS SEAGIRT LLC, ET AL., Defendants, SAMPOGNA GROUP INC., Defendant-Appellant. JDS SEAGIRT LLC, ET AL, Third-Party Plaintiffs-Respondents, SEAGIRT AVENUE DEVELOPMENT LLC ET AL., Plaintiffs, v. RCI PLBG, INC., ET AL., Third-Party Defendants-Appellants. (And a Second Third-Party Action.)

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for Sampogna Group Inc., appellant.

Rawle & Henderson, LLP, New York ( Richard Polner of counsel), for RCI PLBG, Inc. and RCI Plumbing Corp., appellants.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York ( Christopher J. Donadio of counsel), for Jose Guillermo Munoz, respondent.

Kennedys CMK LLP, New York ( Nitin Sain of counsel), for JDS Seagirt LLC, JDS Development LLC and JDS Construction Corp., respondents.

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

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered November 3, 2022, which, to the extent appealed from, denied so much of defendant Sampogna Group Inc.'s (Sampogna) motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims against it and dismissing all cross-claims as against it, and denied so much of the motion of third-party defendants RCI Plbg, Inc. and RCI Plumbing Corp. (RCI defendants) for summary judgment dismissing...

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