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ORTEGA v. PANTHER SIDING & WINDOWS, INC.

2020-01651. Index No. 610155/18.

204 A.D.3d 937 (2022)

164 N.Y.S.3d 861

2022 NY Slip Op 02559

Rene Ortega, Appellant, v. Panther Siding & Windows, Inc., Respondent. (And a Third-Party Action.).

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Sanders, Sanders, Block, Woycik, Veiner & Grossman, P.C., Mineola, NY (Mark R. Bernstein of counsel), for appellant.

Fleischner Potash, LLP, New York, NY (Nancy Lewis of counsel), for respondent.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff allegedly was injured in January 2017 when he fell from a roof on residential property (hereinafter the property) while working as a foreman for the third-party defendant, Golden Hammer Construction Group, Corp. (hereinafter Golden Hammer). Golden Hammer was a subcontractor for the defendant third-party plaintiff, Panther Siding & Windows, Inc. (hereinafter...

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