Gary DeBenedetto et al., Appellants,
v.
Kingswood Partners, LLC, Defendant/Second Third-Party Plaintiff,
Schimenti Construction Company, LLC, Defendant/Third-Party Plaintiff/ Third Third-Party Plaintiff-Respondent, and
TJX Companies, Inc., Defendant/Second Third-Party Defendant;
Accurate Plumbing and Heating Corporation, Third-Party Defendant;
White Tail Interiors, LLC, Third Third-Party Defendant.
Appellate Division of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
Decided June 1, 2022.
Decided June 1, 2022.
Attorney(s) appearing for the Case
Napoli Shkolnik PLLC, New York, NY (Joseph J. Napoli and Michael J. Hutter of counsel), for appellants.
James J. Toomey, New York, NY (Michael J. Kozoriz of counsel), for defendant/second third-party plaintiff, Kingswood Partners, LLC; defendant/third-party plaintiff/third third-party plaintiff-respondent, Schimenti Construction Company, LLC; and defendant/second third-party defendant, TJX Companies, Inc.
Milber Makris Plousadis & Seiden, LLP, White Plains, NY (Lorin A. Donnelly of counsel), for third-party defendant, Accurate Plumbing and Heating Corporation.
Newman Myers Kreines Harris, P.C., New York, NY (Charles D. Cole, Jr., of counsel), for third third-party defendant, White Tail Interiors, LLC.
Iannacci, J.P., Roman, Genovesi and Ford, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
Ordered that the judgment is affirmed, with costs to the defendant/third-party plaintiff/third third-party plaintiff-respondent, Schimenti Construction Company, LLC.
On Friday, September 3, 2010, the plaintiff Gary DeBenedetto (hereinafter the injured plaintiff), who was an employee of Accurate Plumbing and Heating Corporation (hereinafter Accurate), was installing a water heater at a construction site owned by Kingswood...
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