ANTHONY TUCCILLO, JR. Plaintiffs-Appellants-res, v. BOVIS LEND LEASE, INC. def, ADT SECURITY SERVICES, INC., Defendant-res-res

8582-8583. ANTHONY TUCCILLO, JR. Plaintiffs-Appellants-res, v. BOVIS LEND LEASE, INC. def, ADT SECURITY SERVICES, INC., Defendant-res-res — [AND A THIRD-PARTY ACTION] Arye, Lustiv & Sassower, P.C., New York (Mitchell J. Sassower of counsel), for appellants-res — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res-res — Order, Supreme Court, New York County (Debra A. James, J.),entered October 25, 2011, which, upon plaintiffs' motion to renewand reargue their motion for partial summary judgment on theissue of liability on the Labor Law §240(1) cause of action andthat part of defendant ADT Security Systems' (ADT) cross motionfor summary judgment dismissing the Labor Law §240(1) and §241(6) causes of action, denied renewal, granted reargument, and,upon reargument, denied ADT's cross motion as to the §240(1)cause of action, unanimously modified, on the law, to grantrenewal, and, upon renewal, to grant plaintiffs partial summaryjudgment on the issue of liability on the §240(1) claim and todeny ADT's cross motion as to the Labor Law §241(6) claim, andotherwise affirmed, without costs. Appeal from order, same courtand Justice, entered February 25, 2011, unanimously dismissed,without costs, as academic in light of the foregoing.

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8582-8583. ANTHONY TUCCILLO, JR. Plaintiffs-Appellants-res, v. BOVIS LEND LEASE, INC. def, ADT SECURITY SERVICES, INC., Defendant-res-res — [AND A THIRD-PARTY ACTION] Arye, Lustiv & Sassower, P.C., New York (Mitchell J. Sassower of counsel), for appellants-res — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res-res — Order, Supreme Court, New York County (Debra A. James, J.),entered October 25, 2011, which, upon plaintiffs’ motion to renewand reargue their motion for partial summary judgment on theissue of liability on the Labor Law §240(1) cause of action andthat part of defendant ADT Security Systems’ (ADT) cross motionfor summary judgment dismissing the Labor Law §240(1) and §241(6) causes of action, denied renewal, granted reargument, and,upon reargument, denied ADT’s cross motion as to the §240(1)cause of action, unanimously modified, on the law, to grantrenewal, and, upon renewal, to grant plaintiffs partial summaryjudgment on the issue of liability on the §240(1) claim and todeny ADT’s cross motion as to the Labor Law §241(6) claim, andotherwise affirmed, without costs. Appeal from order, same courtand Justice, entered February 25, 2011, unanimously dismissed,without costs, as academic in light of the foregoing.

The genesis of this case stems from the January 31, 2006 accident in which plaintiff, Anthony Tuccillo, Jr., a journeyman electrician employed by third-party defendant, and non party to this appeal Petrocelli Electric Co. (Petrocelli), was installing cables for a security system at the United States Post Office at Cadman Plaza, Brooklyn. Tuccillo was on the building’s third floor, standing on an A-frame ladder, pulling cables down from the fourth floor, when the ladder wobbled and sent him crashing to the floor, causing injury, including a fractured skull and ribs.

ANTHONY TUCCILLO, JR. Plaintiffs-Appellants-res, v. BOVIS LEND LEASE, INC. def, ADT SECURITY SERVICES, INC., Defendant-res-res

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