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SPATOLA v. ONE BRYANT PARK, LLC

0600282/2006. Mtn. Seq. 002. No. 590275/06

2008 NY Slip Op 32167 (U)

GINO SPATOLA and FRANCISCA SPATOLA, Plaintiffs, v. ONE BRYANT PARK, LLC, TISHMAN CONSTRUCTION CORP. and CORNELL CO., INC. and JOHN F. EBERTH ASSOCIATES, INC., Defendants. ONE BRYANT PARK, LLC, TISHMAN CONSTRUCTION x CORPORATION OF NEW YORK and CORNELL & COMPANY, INC., Third-Party Plaintiffs, v. JOHN F. EBERTH ASSOCIATES, INC., Third-Party Defendants.

Supreme Court of the State of New York, New York County.

July 31, 2008.

WALTER B. TOLUB, J.:

In this action to recover monetary damages for injuries sustained by plaintiffs as the result of Gino Spatola's (Spatola) September 26, 2005 workplace accident, defendants One Bryant Park, LLC (Bryant), Tishman Construction Corp. (Tishman), and Cornell Co. Inc. (Cornell) move for summary judgment dismissing plaintiffs' complaint in its entirety, as well as move for an order of entitlement to conditional contractual indemnification against co-defendant...

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