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KELLY v. H.W. REALTY CORP.

264 A.D.2d 761 (1999)

694 N.Y.S.2d 768

RICHARD KELLY et al., Plaintiffs, v. H.W. REALTY CORP., Defendant and Third-Party Plaintiff, and AMH DEVELOPMENT CORP., Defendant and Third-Party Plaintiff-Appellant. HARTCORN PLUMBING & HEATING, Third-Party Defendant; TREVISAN PAVERS, INC., Third-Party Defendant-Respondent.

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

Decided September 20, 1999.

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

The plaintiff Richard Kelly, while working for a plumbing subcontractor at a job site, allegedly was injured when he tripped on a mason line and fell. He and his wife (asserting derivative claims) thereafter commenced this action against the defendant H.W. Realty Corp. (hereinafter HW), the owner of the site, and AMH Development Corp. (hereinafter AMH), the general contractor...

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