COHEN v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY

6449, 111512/08.

91 A.D.3d 416 (2012)

936 N.Y.S.2d 148

2012 NY Slip Op 8

MICHAEL COHEN, Respondent, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Appellants. J.H. MacK, LLC, Third-Party Plaintiff-Appellant, v. PRE-FAB CONSTRUCTION, INC., Third-Party Defendant-Respondent. J.H. MacK, LLC, et al., Second Third-Party Plaintiffs-Appellants, v. GIAQUINTO MASONRY, INC., Second Third-Party Defendant-Respondent.

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

Decided January 3, 2012.


Plaintiff, an ironworker employed by Pre-Fab, alleges that as he and a coworker were moving steel beams, he slipped and fell on plastic debris located on a sand surface. The construction project, which was to build an indoor tennis facility, was owned by defendants New York City Industrial Development Agency and USTA National Tennis Center Association, Incorporated. The owners had contracted with J.H. Mack, LLC to be the general contractor, and J.H. Mack had contracted with...

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