NAUGHTON v. CITY OF NEW YORK

Nos. 6302, 104026/05, 591166/06.

94 A.D.3d 1 (2012)

940 N.Y.S.2d 21

2012 NY Slip Op 1378

PATRICK NAUGHTON, JR., Appellant-Respondent, v. CITY OF NEW YORK, Defendant, PETROCELLI CONSTRUCTION, INC., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant. W & W GLASS SYSTEMS, INC., Third-Party Defendant-Respondent-Respondent, METAL SALES Co., INC., Third-Party Defendant-Respondent-Appellant.

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

Decided February 23, 2012.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City ( Scott Singer of counsel), for appellant-respondent.

Malapero & Prisco, LLP, New York City ( Andrew L. Klauber and Frank L. Lombardo of counsel), for Petrocelli Construction, Inc., respondent-appellant.

Litchfield Cavo LLP, New York City ( Joseph E. Boury and Beth A. Saydak of counsel), for Metal Sales Co., Inc., respondent-appellant.

Law Office of James J. Toomey , New York City ( Eric P. Tosca of counsel), for respondent-respondent.

GONZALEZ, P.J., FRIEDMAN, MOSKOWITZ and ACOSTA, JJ., concur.


OPINION OF THE COURT

RICHTER, J.

In this Labor Law action, plaintiff alleges that he was injured when he fell approximately 15 feet to the ground while unloading bundles of curtain wall panels off a flatbed truck. The panels were part of a renovation project of the Family Court building in Lower Manhattan, and were to be used for the building's facade. Defendant Petrocelli Construction, Inc. was the general construction contractor for the job. Petrocelli...

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