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MISICKI v. CARADONNA

12 N.Y.3d 511 (2009)

IGOR MISICKI, Appellant, v. SALVATORE CARADONNA, Defendant, and 430-50 SHORE ROAD CORPORATION, Respondent. (And a Third-Party Action.)

Court of Appeals of New York.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Perecman Firm, P.L.L.C., New York City (David H. Perecman and Rudolf B. Radna of counsel), for appellant.

Lewis, Scaria & Cote, LLC, White Plains (Deborah A. Summers of counsel), for respondent.

Joshua Annenberg, New York City, for New York State Trial Lawyers' Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge READ; Judge GRAFFEO dissents and votes to affirm in a separate opinion; Judge SMITH dissents in another opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

READ, J.

On October 26, 2001, plaintiff Igor Misicki, a laborer employed by Upgrade Contracting Company, was injured while working on a construction project at a two-building cooperative residential apartment complex located at 450 Shore Road in Long Beach, New York. The buildings were owned by defendant 430-50 Shore Road Corporation, which had retained an architect and hired Upgrade...

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