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CASTELLON v. REINSBERG

4490, 7508/05, 4491, 85164/06, 84003/09.

82 A.D.3d 635 (2011)

920 N.Y.S.2d 62

MARCOS CASTELLON et al., Respondents, v. JOHN REINSBERG et al., Defendants, and SMI CONSTRUCTION MANAGEMENT, INC., Defendant/Third-Party Plaintiff-Appellant-Respondent. ROSE DEMOLITION & CARTING, INC., Third-Party Defendant-Respondent-Appellant. (And a Second Third-Party Action.)

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

Decided March 29, 2011.

Even though SMI's notice of appeal was limited to the granting of plaintiffs' motion for partial summary judgment, we may review unappealed portions of the order that are "inextricably intertwined" with the appealed-from portion (see Foley v Roche, 68 A.D.2d 558, 564 [1979]).

"[A] construction manager is generally not considered a `contractor' or `owner' within the meaning of section 240 (1) or section 241 of the Labor...

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