CHEVALIER v. 368 E. 148TH STREET ASSOCIATES, LLC

3545, 20779/06.

80 A.D.3d 411 (2011)

914 N.Y.S.2d 130

LEONILDA CHEVALIER, Plaintiff, v. 368 E. 148TH STREET ASSOCIATES, LLC, et al., Defendants, and NOTIAS CONSTRUCTION CORP., Respondent. NOTIAS CONSTRUCTION CORP., Third-Party Plaintiff-Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Defendant, and TRIBORO PLUMBING & HEATING CORP., Third-Party Defendant-Appellant.

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

Decided January 4, 2011.


Based on the totality of the circumstances, the motion court did not abuse its discretion in vacating its order dismissing the third-party complaint brought by third-party plaintiff Notias against third-party defendant Triboro. The relevant procedural history of the action is as follows: Plaintiff, a nonparty to this appeal, alleges that in May 2006 she slipped and fell on a road covered with mud that came from a nearby construction site. She brought this action against,...

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