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DIAMOND v. TF CORNERSTONE INC.

Index No. 152626/16 Appeal No. 1270 Case No. 2022-03974.

222 A.D.3d 515 (2023)

199 N.Y.S.3d 498

2023 NY Slip Op 06473

Sean Diamond, Respondent-Appellant, v. TF Cornerstone Inc. et al., Respondents, ABM Industries, Inc., Doing Business as ABM Janitorial Services Northeast, Inc., Appellant-Respondent, and Unity Building Security, Inc., Respondent-Appellant.

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

Decided December 19, 2023.

Attorney(s) appearing for the Case

McGiff Halverson Dooley LLP, Patchogue (Daniel J. O'Connell of counsel), for appellant respondent.

Peknic, Peknic & Schaefer, LLC, Long Beach (Catherine Papandrew of counsel), for Sean Diamond, respondent-appellant.

Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for Unity Building Security, Inc., respondent-appellant.

Mauro Lilling Naparty LLP, Woodbury (Jessica L. Smith of counsel), for TF Cornerstone Inc. and Carnegie Hall Tower II, LLC, respondents.

Cullen and Dykman, LLP, New York (Michael J. Winter of counsel), for Klear Electrical Corp., respondent.

Concur—Singh, J.P., Friedman, Gesmer, Shulman, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about August 19, 2022, which, to the extent appealed as limited by the briefs, denied defendant Unity Building Security, Inc.'s (Unity) cross-motion for summary judgment dismissing the negligence cause of action against it, denied defendant ABM Industries, Inc.'s (ABM) motion for summary judgment dismissing the negligence cause of action and all cross-claims against it, denied plaintiff's motion...

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