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FERLUCKAJ v. GOLDMAN SACHS & CO.

2096, 2097.

2008 NY Slip Op 06276

MILIHA FERLUCKAJ, Plaintiff-Respondent-Appellant, v. GOLDMAN SACHS & CO., Defendant-Appellant-Respondent, HENEGAN CONSTRUCTION CO., INC., Defendant. GOLDMAN SACHS & CO., Third-Party Plaintiff-Appellant, AMERICAN BUILDING MAINTENANCE CO., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 15, 2008.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York (Christine Bernstock of counsel), for appellant-respondent/appellant.

Michael J. Gaffney, Staten Island, for respondent-appellant.

Before: Tom, J.P., Mazzarelli, Saxe, Nardelli, JJ.

Mazzarelli and Saxe, JJ. concur in a memorandum by Mazzarelli, J. as follows:

Defendant Goldman leased several floors in the building at 32 Old Slip Road in Manhattan, including the 29th floor. Its lease provided that the building's owner, which is not a party to this action, would furnish cleaning services, including window washing. The owner contracted with plaintiff's employer, third-party defendant American Building Maintenance Co. (ABM), to provide those cleaning...

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