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SICKLER v. CITY OF NEW YORK

15 Misc.3d 48 (2007)

834 N.Y.S.2d 607

ARTHUR SICKLER, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Respondent. CITY OF NEW YORK, Third-Party Plaintiff-Appellant, v. AC&S INSULATION CORP., Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, Second Department.

February 7, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Stephen J. McGrath and Victoria Scalzo of counsel), for appellants and third-party plaintiff-appellant.

Anthony C. Donofrio, PLLC, Massapequa, for Arthur Sickler, respondent.

Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), for NAB Construction Co., respondent.

Bivona & Cohen, P.C., New York City (Roderick J. Coyne and Robert B. Weissman of counsel), for third-party defendant-respondent.

PESCE, P.J., and BELEN, J., concur; WESTON PATTERSON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment modified by dismissing plaintiff's causes of action for violation of Labor Law § 241 (6), Labor Law § 200 and common-law negligence; by providing that the City of New York's cross claim against defendant NAB Construction Co. and its third-party claim against third-party defendant AC&S Insulation Corp. for indemnification is remitted for trial for the...

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