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Peralta v. Mineola Metro LLC

Plaintiff Granted Summary Judgment on Liability in Labor Law § 240 (1) Action

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ADDITIONAL CASES Allen Blvd Interiors Inc., Third-Party Plaintiff v. WDC Builders Corp and M & W Drywall, Corp. Third-Party Defendants Papers were used on this motion — NYSCEF Document Numbers as follows: Submitted by Plaintiff: 76-90, 99, 100 Submitted by Defendants: 94-95, 102 DECISION AND ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had,¹ the within motion is determined as follows. Background In the instant Labor Law action to recover for personal injuries sustained in the course of construction, Plaintiff Robinson Monegro Peralta (“Plaintiff”) has interposed a partial summary judgment motion as to liability under Labor Law §240 (1) against Defendants Mineola Metro LLC, Allen Blvd Interiors Inc., Lalezarian Developers Inc. and Lalezarian Properties LLC (see NYSCEF Doc No. 76, notice of motion). Subsequently, Plaintiff conceded that he did not demonstrate that Defendants Lalezarian Developers Inc. and Lalezarian Properties LLC are proper Labor Law Defendants (see NYSCEF Doc No. 100, proposed order). Accordingly, Plaintiff’s motion for partial summary judgment as to liability shall be deemed to be interposed against only Defendants Mineola Metro LLC and Allen Blvd Interiors Inc. (collectively, “Mineola-Allen Defendants”) and such motion shall be deemed to have been abandoned against Defendants Lalezarian Developers Inc. and Lalezarian Properties LLC (collectively, “Lalezarian Defendants”). This action stems from a workplace accident that allegedly occurred on November 13, 2019, at 199 2nd Street, Mineola, New York, where a new building was being constructed (see NYSCEF Doc No. 85, bill of particulars

5-6), as a result of which Plaintiff alleges to have sustained injuries (see id.

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