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SUTHERLAND v. TUTOR PERINI

Index No. 20921/18E. Appeal No. 15771. Case No. 2021-02773.

207 A.D.3d 159 (2022)

171 N.Y.S.3d 492

2022 NY Slip Op 04228

OWEN SUTHERLAND, Respondent, v. TUTOR PERINI BUILDING CORP. et al., Appellants.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

London Fischer LLP, New York City (Anthony P. Malecki of counsel), for appellants.

Wiese & Aydiner PLLC, Mineola (Sinan Aydiner of counsel), appellate counsel to Law Offices of Spar & Bernstein P.C., New York City, for respondent.

KERN and SINGH, JJ., concur with KENNEDY, J.; MANZANET-DANIELS, J.P., dissents in a separate opinion in which MENDEZ, J., concurs.

OPINION OF THE COURT

Defendant Tutor Perini Building Corp. (Tutor) was both the general contractor on a project to build a 50-story building, and a concrete subcontractor as to a tower on the site located at 501 West 30th Street, in Manhattan. Nonparty B&R Consultants & Rebar Steel (B&R) employed plaintiff Owen...

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