Daley v. 250 Park Ave., LLC
| Decision Date | 11 March 2015 |
| Docket Number | 2013-02875 |
| Citation | 5 N.Y.S.3d 267,2015 N.Y. Slip Op. 01917,126 A.D.3d 747 |
| Parties | Denzil DALEY, et al., respondents, v. 250 PARK AVENUE, LLC, et al., appellants, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
126 A.D.3d 747
5 N.Y.S.3d 267
2015 N.Y. Slip Op. 01917
Denzil DALEY, et al., respondents
v.
250 PARK AVENUE, LLC, et al., appellants, et al., defendants.
2013-02875
Supreme Court, Appellate Division, Second Department, New York.
March 11, 2015.
Hoey, King, Epstein, Prezioso & Marquez (Mischel & Horn, P.C., New York, N.Y. [Scott T. Horn and Naomi M. Taub ], of counsel), for appellant 250 Park Avenue, LLC.
Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, Lake Success, N.Y. (Anthony J. Genovesi, Jr., of counsel), for appellant Nucor Construction Corporation.
Ginsberg & Wolf, P.C., New York, N.Y. (Robert M. Ginsberg of counsel), for respondents.
PETER B. SKELOS, J.P., RUTH C. BALKIN, L. PRISCILLA HALL, and JOSEPH J. MALTESE, JJ.
Opinion
In an action to recover damages for personal injuries, etc., the defendant Nucor Construction Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated January 29, 2013, as, upon reargument, vacated the determination in an order dated October 12, 2011, denying that branch of the plaintiffs' motion which was for summary judgment against it on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1), and thereupon granted that branch of the plaintiff's motion, and adhered to the determination in the order dated October 12, 2011, denying that branch of its cross motion which was for summary judgment dismissing that cause of action insofar as asserted against it, and the defendant 250 Park Avenue, LLC, separately appeals, as limited by its brief, from so much of the same order dated January 29, 2013, as, upon reargument, vacated the determination in the order dated October 12, 2011, denying that branch of the plaintiffs' motion which was for summary judgment against it on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1), and thereupon granted that branch of the plaintiff's motion.
ORDERED that the order dated January 29, 2013, is modified, on the law, by deleting the provisions thereof, upon reargument, vacating the determinations in the order dated October
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