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ROSA v. McALPINE CONTR. CO.

Index No. 33629/18E. Appeal No. 15948. Case No. 2020-00045.

205 A.D.3d 527 (2022)

166 N.Y.S.3d 523

2022 NY Slip Op 03216

Deivis Vasquez Rosa, Appellant, v. McAlpine Contracting Co. et al., Respondents, et al., Defendants.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Myrill & Lockamy, P.C., Bayside (Joshua Lockamy of counsel), for appellant.

Smith Mazure, P.C., New York (Louise M. Cherkis of counsel), for McAlpine Contracting Co. and Sandy 350 LLC, respondents.

Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale (Lindsay R. Kaplow of counsel), for Hudson 350 LLC, NYC Hudson Superstorm Sandy Rebuilding Fund LLC, The Hudson Companies Inc., Hudson Sandy Manager LLC, ESP Group LLC, and ESP Group of New York, Inc., respondents.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Rory L. Lubin of counsel), for Rafael Martinez, Yovanny Martinez and Continental Indemnity Company, respondents.

Zetlin & DeChiara LLP, New York (David A. Beatty of counsel), for Cetraruddy Architecture D.P.C., respondent.

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

The complaint and plaintiff's affidavit raise issues of fact as to whether defendants engaged in fraud, duress, and/or overreaching to procure plaintiff's signature on a general release of his claims against them related to his alleged fall from a 30-foot ladder while working at a construction site (see Paulino v Braun, 170 A.D.3d 506 [1st Dept 2019]; Sacchetti-Virga v Bonilla, 158 A.D.3d 783, 784 [2d Dept 2018]). There is...

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