GARCIA v. SUPERIOR CRANE RENTAL, INC.

2011-00291.

95 A.D.3d 1070 (2012)

944 N.Y.S.2d 622

2012 NY Slip Op 3805

MARCIAL GARCIA, Appellant, v. SUPERIOR CRANE RENTAL, INC., Respondent, et al., Defendant (And a Third-Party Action.)

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

Decided May 15, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, who had been working in the tree industry for several years, was an employee of Almstead Tree & Shrub Care Company, LLC (hereinafter Almstead). The defendant City of Yonkers hired Almstead to remove a dead elm tree located on a residential street. Thereafter, Almstead sent a three-person team for the job, including the plaintiff, and subcontracted with the defendant Superior...

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