JOHN BANSCHER ap, v. ACTUS LEND LEASE, LLC res

JOHN BANSCHER ap, v. ACTUS LEND LEASE, LLC res — (INDEX NO. 14441/09) In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 1, 2013, as granted those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law §200 and, in effect, denied those branches of their cross motion which were for summary judgment on the issue of liability on those causes of action. The appeal brings up for review so much of an order of the same court entered December 16, 2013, as, upon reargument, adhered to so much of the determination in the order entered August 1, 2013, as granted those branches of the defendants' motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law §200 insofar as asserted against the defendant Actus Lend Lease, LLC, and, in effect, denied those branches of the plaintiffs' cross motion which were for summary judgment on the issue of liability on those causes of action insofar as asserted against that defendant (see CPLR 5517[b]).

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JOHN BANSCHER ap, v. ACTUS LEND LEASE, LLC res — (INDEX NO. 14441/09) In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 1, 2013, as granted those branches of the defendants’ motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law §200 and, in effect, denied those branches of their cross motion which were for summary judgment on the issue of liability on those causes of action. The appeal brings up for review so much of an order of the same court entered December 16, 2013, as, upon reargument, adhered to so much of the determination in the order entered August 1, 2013, as granted those branches of the defendants’ motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law §200 insofar as asserted against the defendant Actus Lend Lease, LLC, and, in effect, denied those branches of the plaintiffs’ cross motion which were for summary judgment on the issue of liability on those causes of action insofar as asserted against that defendant (see CPLR 5517[b]).

ORDERED that the appeal from so much of the order entered August 1, 2013, as granted those branches of the defendants’ motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law §200 insofar as asserted against the defendant Actus Lend Lease, LLC, and, in effect, denied those branches of the plaintiffs’ cross motion which were for summary judgment on the issue of liability on those causes of action insofar as asserted against that defendant, is dismissed, as that portion of the order was superseded by the order entered December 16, 2013, made upon reargument; and it is further,

JOHN BANSCHER ap, v. ACTUS LEND LEASE, LLC res

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