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ROSA v. 47 E. 34TH ST. (NY), L.P.

Index Nos. 23128/13E, 43128/14E. Appeal No. 16023-16023A. Case Nos. 2021-00538, 2021-00803.

208 A.D.3d 1075 (2022)

175 N.Y.S.3d 41

2022 NY Slip Op 05144

Ana Rosa, as Administrator of the Estate of Danny Rosa, Deceased, Appellant-Respondent, v. 47 East 34th Street (NY), L.P., et al., Respondents-Appellants. 47 East 34th Street (NY), L.P., et al., Third-Party Plaintiffs-Respondents-Appellants, v. June Electrical Corp. et al., Third-Party Defendants-Respondents-Appellants. (And a Second Third-Party Action.)

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

Decided September 13, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Christopher Soverow of counsel), for appellant-respondent.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Christopher Simone of counsel), for 47 East 34th Street (NY), L.P. and CIM Group, L.P., respondents-appellants.

Ahmuty Demers & McManus, Albertson (Nicholas P. Calabria of counsel), for June Electric Corp., respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Eliza M. Scheibel of counsel), for Bridgestreet Corporate Housing, LLC, respondent-appellant.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.

The underlying work-related accident occurred in the morning hours of January 31, 2013, in the electrical room on the roof of a 36-story, 110-unit residential building located at 47 East 34th Street in Manhattan. At that time, Bridgestreet, a tenant and the building manager of the premises, held a master lease for all of the residential units and was in the business of providing temporary luxury housing for employees of corporate clients. At the time of the accident, the...

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