General
Edward Cunningham, III, Appellant, v. LeChase Construction et al., Respondents. Frederico Wrecking Co., Inc., Third-Party Plaintiff-Appellant, v. Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent. LeChase Construction Services, LLC, et al., Third-Party Plaintiffs-Appellants, v. Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent
90 A.D.3d 1480934 N.Y.S.2d 731·New York Supreme Court, Appellate Division·2011·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Edward Cunningham, III, Appellant, v LeChase Construction et al., Respondents. Frederico Wrecking Co., Inc., Third-Party Plaintiff-Appellant, v Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent. LeChase Construction Services, LLC, et al., Third-Party Plaintiffs-Appellants, v Contour Erection and Siding Systems, Inc., Third-Party Defendant-Respondent.
[934 NYS2d 731]
[MAJORITY]
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motions of defendants-third-party plaintiffs and third-party defendant seeking summary judgment dismissing the Labor Law § 240 (1) claim and the Labor Law § 241 (6) claim to the extent that it is premised on a violation of 12 NYCRR 23-3.3 (h), reinstating those claims and denying that part of the motion of third-party defendant seeking summary judgment dismissing the third-party complaints and reinstating the third-party complaints, and as modified the order is affirmed without costs (see Charney v LeChase Constr., 90 AD3d 1477 [2011]). Present — Scudder, EJ., Smith, Centra, Green and Gorski, JJ.