SUMPTER v. 5825 BROADWAY LLC


19 A.D.3d 327 (2005)

797 N.Y.S.2d 494

KYLE SUMPTER, Plaintiff, v. 5825 BROADWAY LLC, et al., Respondents, et al., Defendant. (And Third-Party and Second Third-Party Actions.) THC REALTY DEVELOPMENT, L.P., Third Third-Party Plaintiff-Respondent, v. TADCO CONSTRUCTION CORP., Third Third-Party Defendant-Appellant.

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

June 30, 2005.


Plaintiff alleges that he was injured when he was struck by a heavy bundle of metal rebar suspended by a chain attached to an excavating machine. Tadco argues that there is no merit to the third-party complaint or any of the cross claims asserted against it since plaintiff was an employee of nonparty D&D, and the accident did not arise out of Tadco's work or result from its negligence or the negligence of any of its own subcontractors. However, as succinctly delineated...

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