ABDUL WAHAB, plf, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res

ABDUL WAHAB, plf, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res — (APPEAL NO. 2)

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ABDUL WAHAB, plf, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res — (APPEAL NO. 2)

(INDEX NO. 27893/08)In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated April 4, 2011, as denied his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1), and the defendants third-party plaintiffs cross-appeal from so much of the same order as denied those branches of their cross motion which were for summary judgment dismissing the cause of action alleging a violation of Labor Law §240(1) and, in effect, for conditional summary judgment on their third-party cause of action for common-law indemnification, and (2) the defendants third-party plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an order of the same court dated December 6, 2011, as, upon reargument, adhered to the original determination in the order dated April 4, 2011, denying that branch of their cross motion which was, in effect, for conditional summary judgment on their third-party cause of action for common-law indemnification. The appeal brings up for review so much of the order dated December 6, 2011, as, upon reargument, adhered to the original determination in the order dated April 4, 2011, denying the plaintiff’s motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) (see CPLR 5517[b]).

ABDUL WAHAB, plf, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res

ABDUL WAHAB, plf, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res — (APPEAL NO. 2)

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