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WINKLER v. HALMAR INTL., LLC

Index Nos. 150694/14, 595095/15, 595523/15, Appeal No. 15924, Case No. 2021-02764.

206 A.D.3d 458 (2022)

171 N.Y.S.3d 55

2022 NY Slip Op 03806

Doreen Ellen Winkler, Plaintiff, v. Halmar International, LLC, et al., Defendants, Haks Group, Inc., et al., Respondents, and City of New York et al., Appellants. (And First and Second Third-Party Actions.).

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

Decided June 9, 2022.

Attorney(s) appearing for the Case

Cerussi & Spring, White Plains (Christopher Roberta, of counsel) for appellants.

Byrne & O'Neill, LLP, New York (Elaine C. Gangel, of counsel) for Haks Group, Inc., Haks Engineers, Architects and Land Surveyors, P.C., respondents.

Donovan Hatem LLP, New York (Scott K. Winikow, of counsel) for JA Underground Professional Corporation, respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

This action arises from the occurrence of a tragic event on December 2, 2013, when plaintiff's decedent, Scott Winkler, and his co-worker were killed during the construction of a public works project. The project entailed the connection of the Delaware and Catskill aqueducts. While the connection of the aqueducts took place on a New York City-owned property in Gardiner, New York, the particular work that is the subject of this action took place on property owned by defendant...

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