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MORALES v. 10th STREET, LLC

5218/2004

2009 NY Slip Op 32121 (U)

ELIZABETH MORALES, as Administratrix of the Estate and on behalf of the distributees of the Estate of PHILIP MORALES, Deceased, Plaintiff, v. 10th STREET, LLC., Defendant. 10th STREET, LLC., Third Party Plaintiff, v. CITIPOSTAL, INC., Third Party Defendant.

Supreme Court, Kings County.

September 17, 2009.

Attorney(s) appearing for the Case

DAVID A. HOINES, ESQ., Brooklyn, New York, for Plaintiff.

O'CONNOR, O'CONNOR, KINTZ & DEVENEY, LLP. Melville, New York, for Defendant/Third Party Plaintiff.

LAW OFFICES OF MARGARET G. KLEIN & ASSOCIATES, New York, New York, for Third Party Defendant.

DECISION

JAMES G. STARKEY, Judge.

FACTS AND PROCEDURAL BACKGROUND

On February 19, 2002, plaintiff's decedent suffered fatal injuries in the course of his employment as a mid-level warehouse manager when he fell from a catwalk at the premises known as 26 North 11th Street, Brooklyn, New York. At the time, the premises was owned by defendant/third party plaintiff 10th Street, LLC., and leased...

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