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Judge Daniels

Judge Daniels PALEN v. ITW MORTGAGE INVESTMENTS III, INC. — This is an action by plaintiff, Jose Ramon Palen, against defendant I.T.W. Mortgage Investments III, Inc. (“ITW”), the owners of the building where plaintiff sustained personal injuries, and co-defendant Corporate Interiors, Inc. (“Interiors”), the general contractor hired by ITW, for violations of sections 240, 241, and 200 of the New York Labor Law. ITW has also filed cross-claims against co-defendant Interiors for contractual indemnification and breach of contract for failure to procure insurance. Presently before this Court is plaintiff’s motion for partial summary judgment on the issue of liability pursuant to Labor Law section 240 against both defendants. Defendant ITW has moved for summary judgment dismissing plaintiff’s allegations that ITW violated Labor Law sections 200, 241, and 240. Defendant ITW has also moved for summary judgment on its crossclaims against co-defendant Interiors for contractual indemnification and breach of contract for failure to procure insurance.

 
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