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MAHONEY v. TURNER CONSTRUCTION CO.

37 A.D.3d 377 (2007)

831 N.Y.S.2d 47

MERRICK MAHONEY, Plaintiff, v. TURNER CONSTRUCTION CO. et al., Defendants. (And Other Actions.) WILLIAMS SPECIALIZED SERVICES, INC., et al., Fourth Third-Party Plaintiffs-Respondents, v. HERITAGE AIR SYSTEMS, INC., et al., Fourth Third-Party Defendants, and NEW YORK CRANE & EQUIPMENT CORP., Fourth Third-Party Defendant-Appellant. TURNER CONSTRUCTION CO. et al., Fifth Third-Party Plaintiffs-Respondents, et al., Fifth Third-Party Plaintiff, v. NEW YORK CRANE & EQUIPMENT CORP., Fifth Third-Party Defendant-Appellant, et al., Fifth Third-Party Defendants.

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

Decided February 27, 2007.

On May 12, 1999, plaintiff, an employee of Heritage Air Systems, was assigned to work on the ventilation and duct systems of a building under construction. Heritage had entered into an agreement with Williams Transfer and Rigging, Inc., one of several Williams entities, by which the latter would provide a crane for the project at a cost of $12,000 for two days. Williams (collectively) concedes that it rented the crane from New York...

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