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BENAVIDEZ-PORTILLO v. G.B. CONSTRUCTION AND DEVELOPMENT, INC.

2015-07013, Index No. 13362/14.

149 A.D.3d 681 (2017)

2017 NY Slip Op 02618

51 N.Y.S.3d 141

MARCOS TULIO BENAVIDEZ-PORTILLO, Appellant, v. G.B. CONSTRUCTION AND DEVELOPMENT, INC., Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. MARCOR CONSTRUCTION, INC., Third-Party Defendant-Respondent.

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

Decided April 5, 2017.

Ordered that the order is affirmed, with one bill of costs.

The defendant G.B. Construction and Development, Inc. (hereinafter G.B. Construction), allegedly was retained as a general contractor to perform siding and roofing work on a home, and G.B. Construction subcontracted the roofing work to the third-party defendant, Marcor Construction, Inc. (hereinafter Marcor). On September 13, 2011, the plaintiff, an employee of Marcor, allegedly was injured while performing...

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