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LAUDISIO v. 520 MADISON OWNERS, L.L.C.

Index Nos. 159934/16, 595305/17, 595560/18. Appeal No. 16002. Case No. 2021-03984.

205 A.D.3d 615 (2022)

166 N.Y.S.3d 856

2022 NY Slip Op 03446

Prisco Laudisio, Respondent, v. 520 Madison Owners, L.L.C., et al., Defendants, and Maspeth Welding Inc., Appellant. Trane U.S. Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Plaintiff. Trane U.S. Inc., Second Third-Party Plaintiff-Respondent, v. Infinity Mechanical, Inc., Second Third-Party Defendant-Respondent, and Maspeth Welding, Inc., Second Third-Party Defendant-Appellant.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Stonberg Moran, LLP, New York (Kevin A. Hickman of counsel), for appellant.

Jaroslawicz & Jaros PLLC, New York (Philip Reid of counsel), for Prisco Laudisio, respondent.

Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for Infinity Mechanical, Inc., respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, Scarpulla, JJ.

In this action in which plaintiff, a foreman at a construction site, sustained injuries as he was walking in a mechanical room and tripped and fell on welding cables, the court properly denied the branch of Maspeth's motion for summary judgment dismissing the complaint against it. There was an issue of fact as to whether Maspeth, one of the subcontractors responsible for welding at the project, was negligent by leaving the welding...

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