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VALENTINE v. 2147 SECOND AVE. LLC

Index No. 302488/10. Appeal No. 15504. Case Nos. 2020-03155, 2020-03627.

203 A.D.3d 531 (2022)

165 N.Y.S.3d 43

2022 NY Slip Op 01758

Michael Valentine, Appellant-Respondent, v. 2147 Second Avenue LLC, Respondent-Appellant/Third-Party Plaintiff, and Sunshine Quality Construction, Inc., et al., Respondents, et al., Defendant. Sunshine Quality Construction, Inc., Second Third-Party Plaintiff, v. Shan's Construction, Inc., Second Third-Party Defendant-Respondent/Third-Party Defendant-Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Michael H. Zhu of counsel), for appellant-respondent.

Kosakoff & Cataldo LLP, Melville (Mark P. Bradley of counsel), for respondent-appellant.

Cascone & Kluepfel LLP, Farmingdale (Howard B. Altman of counsel), for Sunshine Quality Construction, Inc, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York (Nicholas Hurzeler, of counsel), for Gary Silver Architects, P.C., respondent.

Koster, Brady & Nagler LLP, New York (Marc R. Wilner of counsel), for Shan's Construction Inc., respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

Plaintiff, project safety coordinator for nonparty Homeland Safety Consultants (Homeland), commenced this action alleging injuries sustained at a demolition and construction project. The property was owned by defendant 2147 Second Avenue LLC (Second Ave). Second Avenue retained GSA to serve as architect of record for the project and third-party defendant Shan Construction, Inc. (Shan Construction) to serve as general contractor. By contract dated June 22, 2008, Second Avenue...

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