DeAndrade v. K.J. Mountain Corp.
| Darci DeAndrade |
| K.J. Mountain Corp. and Golden Oak Contracting, Inc. |
| K.J. Mountain Corp. |
| Golden Oak Contracting, Inc. |
| 1:2011cv00011 |
| January 3, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Edgardo Ramos |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
55
OPINION AND ORDER denying 32 MOTION for Summary Judgment filed by Darci DeAndrade, denying 37 FIRST MOTION for Summary Judgment filed by Golden Oak Contracting, Inc. For the reasons set forth above, Plaintiff's and Golden Oak's motion s for summary judgment are DENIED. K.J. Mountain's motion for summary judgment is GRANTED in part and DENIED in part. Specifically, with respect Plaintiff's NYLL § 200(1) and common law negligence claims, K.J. Mountain's motion is GRANTED, and with respect to Plaintiffs NYLL §§ 240(1) and 241(6) claims, its motion is DENIED. Accordingly, the following claims remain in this case: (i) Plaintiffs NYLL § 240(1) claim against Golden Oak and K.J. Mountain; (ii) Plain tiffs NYLL § 241(6) claim against Golden Oak and K.J. Mountain; (iii) Plaintiffs NYLL § 200(1) and common law negligence claims against Golden Oak; and (iv) K.J. Mountain's crossclaims against Golden Oak. The Clerk of the Court is resp ectfully directed to terminate the motions. Docs. 32, 37. The parties are instructed to file their joint pre-trial order no later than Wednesday, January 8, 2014 and to appear for a pre-trial conference on Friday, January 24, 2014 at 2:00pm, at which a final pretrial conference date and trial date will be set. (Signed by Judge Edgardo Ramos on 12/11/2013) (ft) Modified on 12/11/2013 (ft).
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