Hernandez v. Ten Ten Co.

Order, Supreme Court, New York County (Louis B. York, J.), entered October 14, 2004, which, to the extent appealed from as limited by the brief, granted Prudential’s motion and Schmergel Construction’s cross motion, inter alia, for summary judgment dismissing plaintiff’s causes of action under Labor Law § 240 (1) and § 241 (6), unanimously modified, on the law, to deny the motion and cross motion as to the Labor Law § 240 (1) claim and reinstate the Labor Law § 240 (1) cause of action, the third-party complaint and all cross claims and counterclaims sounding in common-law indemnification or…