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Bilyk v. Empire State Realty Trust

Reargument Denied as Defendants Fail to Show Court Overlooked, Misapprehended Facts or Law

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The following e-filed documents, listed by NYSCEF document number 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167were read on this application to/for leave to reargueDECISION AND ORDER

*1 Motion sequence numbers 004 and 005 are hereby consolidated for disposition.This is an action to recover damages for injuries sustained by a carpenter on April 2, 2013, when, while working at a construction site located on the 17th floor of the Empire State Building (the Premises), the top of the cabinet that he was moving fell and struck him.In motion sequence number 004, defendants Coty, Inc. (Coty) and Benchmark Builders, Inc. (Benchmark) (together, the Coty defendants) move, pursuant to CPLR 2221, for an order granting them leave to reargue that part of the decision and order of the court, dated April 12, 2017 (the Prior Order), which granted plaintiff Anatole Bilyk summary judgment in his favor as to liability on the Labor Law §240 (1) claim (motion sequence number 002) as against them,

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