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GOMEZ v. F & T INT'L LLC

16 Misc.3d 867 (2007)

842 N.Y.S.2d 298

JOSE FRANCISCO GOMEZ et al., Plaintiffs, v. F & T INT'L (FLUSHING, NEW YORK) LLC et al., Defendants. DIAMOND POINT EXCAVATING CORP., Third-Party Plaintiff, v. PRESTIGE CARTING CORPORATION, Third-Party Defendant. F & T INT'L (FLUSHING, NEW YORK) LLC et al., Second Third-Party Plaintiffs, v. PRESTIGE CARTING CORPORATION, Second Third-Party Defendant. 3805 AND 3729 MAIN STREET, LLC, Third Third-Party Plaintiff, v. PRESTIGE CARTING CORP., Third Third-Party Defendant.

Supreme Court, New York County.

June 25, 2007.

Attorney(s) appearing for the Case

Amuty, Demers & McManus, New York City (James Edwards and Christine M. Vetter of counsel), for F & T Int'l (Flushing, New York) LLC and another, defendants.

Dinkes & Schwitzer, New York City (Souren A. Israelyan of counsel), for plaintiff.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

Background

This action arises out of a February 4, 2005 construction site accident. F & T Int'l (Flushing, New York) LLC was the owner of a certain property in Queens county, which it bought to develop into a 12-story commercial building, with retail spaces, office condominiums, entertainment complexes and parking. The general contractor, Top 8 Construction Corp., retained Diamond Point...

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