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BERNARDEZ v. 70 FRANKLIN PLACE LLC

Index No. 23381/14E, 41357/14E, 43248/16E. Appeal No. 16040. Case No. 2021-01649.

205 A.D.3d 642 (2022)

169 N.Y.S.3d 615

2022 NY Slip Op 03471

Kevin Bernardez, Appellant, v. 70 Franklin Place LLC et al., Respondents, et al., Defendants. LF Franklin LLC et al., Third-Party Plaintiffs-Respondents, v. Elmac Electric Inc., Third-Party Defendant. (And Another Third-Party Action.)

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Law Offices of Daniel A. Thomas, P.C., New York (Daniel A. Thomas of counsel), for appellant.

Law Office of James J. Toomey, New York (Michael J. Kozoriz of counsel), for 70 Franklin Place LLC, respondent.

Cartafalsa Slattery Turpin & Lenoff, New York (Michael Lenoff of counsel), for LF Franklin LLC and Centaur Properties, LLC, respondents.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.

Plaintiff electrician was working in the basement of a renovation project owned and managed by defendants-respondents (defendants) when the floor beneath him collapsed and he fell partially through the opening. The motion court correctly denied plaintiff's motion to amend the bill of particulars to add an allegation that defendants violated Industrial Code (12 NYCRR) § 23-3.3(c). There is no evidence that the hand demolition...

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