Quishpi v. 80 Wea Owner, LLC
| Decision Date | 13 December 2016 |
| Citation | 145 A.D.3d 521,2016 N.Y. Slip Op. 08324,43 N.Y.S.3d 319 |
| Parties | Segundo QUISHPI, Plaintiff–Respondent–Appellant, v. 80 WEA OWNER, LLC, et al., Defendants–Appellants–Respondents. 80 WEA Owner, LLC, Third–Party Plaintiff–Appellant, Air Export Mechanical, Third–Party Defendant–Respondent. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 521
43 N.Y.S.3d 319
2016 N.Y. Slip Op. 08324
Segundo QUISHPI, Plaintiff–Respondent–Appellant,
v.
80 WEA OWNER, LLC, et al., Defendants–Appellants–Respondents.
80 WEA Owner, LLC, Third–Party Plaintiff–Appellant,
Air Export Mechanical, Third–Party Defendant–Respondent.
Supreme Court, Appellate Division, First Department, New York.
Dec. 13, 2016.
Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for 80 WEA Owner, LLC, appellant-respondent.
Kerley, Walsh, Matera & Cinquemani, P.C., Seaford (Lauren B. Bristol of counsel), for Kras Interior Contracting Corp., appellant-respondent.
Silberstein, Awad & Miklos, PC, Garden City (Joseph Awad of counsel), for respondent-appellant.
TOM, J.P., FRIEDMAN, SAXE, FEINMAN, KAHN, JJ.
Order, Supreme Court, New York County (Cynthia S. Kern,
J.), entered May 29, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on his
Labor Law § 240(1) claim and granted defendants' motions for summary judgment dismissing that claim, denied defendants' motions for summary judgment dismissing the Labor Law § 241(6) claim insofar as it is predicated on violations of Industrial Code (12 NYCRR) §§ 23–1.8(c)(1) and 23–3.3(c), and denied defendant 80 WEA Owner, LLC's motion for a default judgment on its third-party complaint, unanimously modified, on the law, to grant defendants' motions as to the Labor Law § 241(6) claim, and otherwise affirmed, without costs, except as to the denial of 80 WEA's motion for a default judgment, the appeal from which is unanimously dismissed, without costs, as academic. The Clerk is directed to enter judgment dismissing the complaint.
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