SUMBA v. CLERMONT PARK ASSOCIATES, LLC


45 A.D.3d 671 (2007)

850 N.Y.S.2d 105

MIGUEL SUMBA, Plaintiff, v. CLERMONT PARK ASSOCIATES, LLC, Defendant and Third-Party Plaintiff-Appellant. CLERMONT PARK RESIDENCE LLC, Third-Party Defendant-Respondent.

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

Decided November 13, 2007.


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

The plaintiff, an employee of M.R.I. Developers Corp. (hereinafter M.R.I.), was injured while performing sheetrocking work at premises owned by the defendant third-party plaintiff Clermont Park Associates, LLC (hereinafter Associates), and leased to the third-party defendant Clermont Park Residence, LLC (hereinafter Residence). Associates retained M.R.I. to perform the work in order to construct...

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