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110 WEST 123 STREET REALTY ASSOC., LLC v. HIGH POWER CONSTRUCTION CORP.

110, 2536, 157940/12.

145 A.D.3d 598 (2016)

2016 NY Slip Op 08606

42 N.Y.S.3d 799

110 WEST 123 STREET REALTY ASSOCIATES, LLC, Respondent, v. HIGH POWER CONSTRUCTION CORP., Appellant. (And a Third-Party Action.)

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

Decided December 22, 2016.

Defendant failed to meet its initial burden of establishing, as a matter of law, that its acts and/or omissions did not cause or contribute to the collapse of plaintiff's building (see generally Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Triable issues of fact exist as to the nature and scope of defendant's involvement in the renovation work at that premises. Third-party defendant Artour Kagulian, whose work...

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