KEVIN LETERSKY PLAINTIFF APPELLANT v. MILITELLO FARMS INC DEFENDANT AND RUSSO DEVELOPMENT INC DEFENDANT RESPONDENT APPEAL NO (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

KEVIN LETERSKY, PLAINTIFF-APPELLANT, v. MILITELLO FARMS, INC., DEFENDANT, AND RUSSO DEVELOPMENT, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

459 Decided: July 24, 2026

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.

MEMORANDUM AND ORDER

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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