Duarte v. City of New York

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated September 28, 2005, which denied its motion for summary judgment dismissing the complaint.

Ordered that the appeal from so much of the order as denied those branches of the motion which were to dismiss the claims based on Labor Law §§ 200, 240, and common-law negligence is dismissed, as those claims were voluntarily withdrawn by the plaintiffs; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, and those…