Based on that, the First Department said that the Santos motion for dismissal of the Labor Law § 241(6) claim against him was properly denied, in Castillo v. 3440 LLC, which was decided on December 20, 2007.The court also said that the claim as against 3440 LLC was properly dismissed since Santos did not obtain prior written consent for this work, in violation of the lease terms, and since 3440 LLC did not learn of… [read post]