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CASTRO v. WYTHE GARDENS, LLC

2020-02101. Index No. 508034/13.

217 A.D.3d 822 (2023)

191 N.Y.S.3d 708

2023 NY Slip Op 03329

Jose R. Delarosa Castro, Respondent, v. Wythe Gardens, LLC, et al., Defendants, and Express Builders JB, Inc., Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff/Third Third-Party Plaintiff-Appellant. Bayport Construction Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendant. Urban Precast, LLC, Second Third-Party Defendant-Respondent. Urban Erectors, LLC, Third Third-Party Defendant-Respondent.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Gallo Vitucci Klar, LLP, New York, NY (Christopher L. Parisi, Dylan R. Prior, and Nicholas Levante of counsel), for defendant third-party plaintiff/second third-party plaintiff/third third-party plaintiff-appellant.

Ginarte Gallardo Gonzalez Winograd, LLP, New York, NY (Timothy Norton of counsel), for plaintiff-respondent.

Marshall Dennehey Warner Coleman & Goggin, New York, NY (Richard C. Imbrogno and Thomas G. Vaughan of counsel), for third-party defendant-respondent.

Fullerton Beck, LLP, White Plains, NY (Edward J. Guardaro, Jr., of counsel), for second third-party defendant-respondent and third third-party defendant-respondent.

Connolly, J.P., Miller, Christopher and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the defendant/third-party plaintiff/second third-party plaintiff/third third-party plaintiff, Express Builders JB, Inc., appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated January 13, 2020. The order, insofar as appealed from, (1) granted the plaintiff's motion for summary judgment on the issue of liability against the defendant/third-party plaintiff/second third-party plaintiff/third...

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