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SANANGO v. 200 EAST 16TH STREET HOUSING CORP.

15 A.D.3d 36 (2004)

788 N.Y.S.2d 314

ARCENIO SANANGO, Respondent, v. 200 EAST 16TH STREET HOUSING CORPORATION, Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. TOWER BUILDING RESTORATION, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

December 28, 2004.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro and Jennifer B. Ettenger of counsel), and Thomas M. Bona, White Plains, for 200 East 16th Street Housing Corporation, appellant.

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro and Jennifer B. Ettenger of counsel), and Marshall Conway & Wright, P.C., New York City, for Tower Building Restoration, Inc., appellant.

Roura & Melamed, New York City, and Alexander J. Wulwick, New York City, for respondent.

Nardelli, J.P., Saxe and Williams, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

On July 2, 1998, plaintiff, an undocumented alien, sustained serious injuries when he fell 15 feet from a ladder while he was working as a laborer on a construction project. Thereafter, plaintiff commenced this Labor Law § 240 (1) action against 200 East 16th Street Housing Corporation (200 East), the owner of the work site, and 200 East commenced a third-party action for indemnification against Tower Building Restoration...

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