ARNOLD v. EMPIRE 326 GRAND LLC

Index No. 22431/17E. Appeal No. 15293. Case No. 2021-01616.

202 A.D.3d 528 (2022)

2022 NY Slip Op 00965

Kareem Arnold, Respondent, v. Empire 326 Grand LLC et al., Respondents, and 326 Grand Realty, Inc., Appellant.

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

Decided February 15, 2022.


Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, New York (James M. Strauss of counsel), for appellant.

Pollack Pollack Isaac & DeCicco LLP, New York (Greg Freedman of counsel), for Kareem Arnold, respondent.

Greater New York Mutual Insurance Company, Office of the General Counsel, New York (Jonathan A. Messier of counsel), for Empire 326 Grand LLC and Empire 326 Grand Manager, LLC, respondents.

Concur— Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.


Plaintiff Kareem Arnold was employed by nonparty Infinity Management Corp. (Infinity) to perform drywall taping in apartments located in the newly constructed mixed-use building. The building was owned by defendant Grand but was under a contract of sale to defendant Empire, with a closing date of February 1, 2017. Under the contract of sale, Empire was given access to the premises prior to closing to perform renovations and to...

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