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AXELROD v. 44 LEXINGTON ASSOC., LLC

Index No. 154572/16 Appeal No. 1164 Case No. 2022-03443.

222 A.D.3d 427 (2023)

201 N.Y.S.3d 31

2023 NY Slip Op 06308

Nicole Axelrod, Respondent, v. 44 Lexington Associates, LLC, et al., Respondents-Appellants, and Transition Management Corporation, Appellant-Respondent.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for appellant-respondent.

Pillinger Miller Tarallo, LLP, Garden City (Mitchell S. Cohen of counsel), for respondents-appellants.

Miller Eisenman & Kanuck, LLP, New York (Jonathan M. Kanuck of counsel), for respondent.

Concur—Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered June 21, 2022, which denied Transition Management Corporation's (TMC) motion for summary judgment dismissing the complaint and any cross-claims against it, unanimously affirmed, without costs.

TMC failed to establish prima facie that the engineers it contracted to provide to defendant 44 Lexington Associates, LLC (hotel) were special employees of the hotel and that it cannot be held vicariously...

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