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BALZANO v. BTM DEVELOPMENT PARTNERS, LLC

306469/09-83766/10, 516, 83953/10, 83805/11, 8391/11, 515, 514.

137 A.D.3d 691 (2016)

28 N.Y.S.3d 683

2016 NY Slip Op 02513

ANTHONY BALZANO, Respondent, v. BTM DEVELOPMENT PARTNERS, LLC, Defendant, TARGET CORPORATION, Respondent/Third-Party Plaintiff-Respondent, and PLAZA CONSTRUCTION CORP., Appellant/Third Third-Party Plaintiff-Appellant. CERTIFIED MULTI-MEDIA SOLUTIONS, LTD., Third-Party Defendant-Appellant/Fourth Third-Party Defendant-Appellant. GETRONICS, USA, INC., Third Third-Party Defendant-Respondent/Fourth Third-Party Plaintiff-Respondent. (And Another Third-Party Action.)

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

Decided March 31, 2016.

When plaintiff fell from a scissor lift, he was working for Certified pursuant to its subcontract with Getronics, which had contracted directly with tenant/store owner Target. Plaza, which was the general contractor for the build-out of a retail store being undertaken by Target, asserts that it was not the general contractor for the purposes of Labor Law liability for Target's contract with Getronics and the subcontract with Certified. Plaza claims that the work of Getronics...

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