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GUINTER v. I. PARK LAKE SUCCESS, LLC

1402.

67 A.D.3d 406 (2009)

886 N.Y.S.2d 880

2009 NY Slip Op 07927

JOHN GUINTER, Plaintiff, v. I. PARK LAKE SUCCESS, LLC, et al., Defendants and Third-Party Plaintiffs-Appellants. RIVCO CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided November 5, 2009.

Given that third-party plaintiff Ball, as contractor, retained authority over the work site and actually performed the cleanup and maintenance, third-party defendant subcontractor owed it no duty to maintain the site (Lopez v Consolidated Edison Co. of N.Y., 40 N.Y.2d 605 [1976]). While the subcontractor was liable to indemnify for injury resulting from its own acts or omissions, it was not liable, as a matter of law, for injury...

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