Letersky v. Militello Farms, Inc.
Opinion
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Bureau Thomas J.K. Smith, State Reporter
Letersky v Militello Farms, Inc.
2026 NY Slip Op 04648
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
KEVIN LETERSKY, PLAINTIFF-APPELLANT,
v
MILITELLO FARMS, INC., DEFENDANT, AND RUSSO DEVELOPMENT, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
459 CA 25-01163
Present: Curran, J.P., Bannister, Montour, Greenwood, And Hannah, JJ.
DOLCE PANEPINTO, P.C., BUFFALO (ANNE M. WHEELER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICE OF JOHN WALLACE, HARTFORD, CONNECTICUT (KEVIN J. KRUPPA OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Chautauqua County (Grace Marie Hanlon, J.), entered July 1, 2025. The order granted the motion of defendant Russo Development, Inc., for leave to reargue, and upon reargument, granted that part of defendant Russo Development, Inc.'s motion seeking summary judgment dismissing the Labor Law § 240 (1) cause of action against it.
[*1]It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying that part of the motion of defendant Russo Development, Inc. seeking summary judgment dismissing the Labor Law § 240 (1) cause of action against it and reinstating that cause of action against it, and as modified the order is affirmed without costs.
Same memorandum as is Letersky v Militello Farms, Inc. ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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