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GUEVARA-AYALA v. TRUMP PALACE

Index Nos. 157610/15, 595726/16, 595479/18. Appeal No. 15883. Case No. 2021-00902.

205 A.D.3d 450 (2022)

168 N.Y.S.3d 452

2022 NY Slip Op 03049

Juan Guevara-Ayala, Respondent, v. Trump Palace/Parc LLC et al., Defendants, The Board of Managers of Trump Parc Condominium, Defendant/Third-Party Plaintiff-Respondent-Appellant, and Swing Staging, LLC, Defendant/Third-Party Defendant/Second Third Party Plaintiff-Appellant-Respondent. 4 Star Contracting, Inc., Second Third-Party Defendant-Respondent. (And a Third Third-Party Action.)

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

French & Casey, LLP, New York (Lance E. Benowitz of counsel), for appellant-respondent.

Fuchs Rosenzweig PLLC, New York (Marisa Carpentiere of counsel), for respondent-appellant.

David Horowitz, P.C., New York (David Fischman of counsel), for Juan Guevara-Ayala, respondent.

Furman Kornfeld & Brennan LLP, New York (Andrew S. Kowlowitz of counsel), for 4 Star Contracting Inc., respondent.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

This action stems from a construction site accident at premises located at 105 West 58th Street in Manhattan. The Board contracted with 4 Star to perform façade repairs on the roof of the premises. 4 Star in turn subcontracted with Swing to construct a scaffold system on the roof of the building. On the day and at the time of the accident, rather than using the scaffold system walkway, plaintiff, a 4 Star employee, crossed...

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