STEVEN SPALLANE and WANDA SPALLANE, his wife, Plaintiffs,
v.
CLARKSTOWN HOLDINGS LLC c/o ILY PROPERTIES INC., OLORI CRANE SERVICE, INC., HULL CONSTRUCTION & RESTORATION, INC., FRAN CORP. d/b/a ALL BRIGHT ELECTRIC, TRI-STATE EQUIPMENT CORP., M.V.M. ASPHALT CORP., E.W. HOWELL CO, LLC f/k/a E.W. HOWELL CO., INC., and LOWE'S HOME CENTERS, INC., Defendants.
CLARKSTOWN HOLDINGS LLC, Third Party Plaintiff,
v.
ORANGE STEEL ERECTORS, INC., OLORI CRANE SERVICE, INC., HULL CONSTRUCTION & RESTORATION, INC., M.V.M. ASPHALT CORP., FRAN CORP. d/b/a ALL BRIGHT ELECTRIC, and TRI-STATE EQUIPMENT CORP., Third Party Defendants.
E.W. HOWELL CO, LLC f/k/a E.W. HOWELL CO., INC., and LOWE'S HOME CENTERS, INC, Second Third Party Plaintiffs,
v.
ORANGE STEEL ERECTORS, INC., OLORI CRANE SERVICE, INC., HULL CONSTRUCTION & RESTORATION, INC., and M.V.M. ASPHALT CORP., Second Third Party Defendants.
Basch & Keegan, LLP, Derek J. Spada, Esq. , 307 Clinton Avenue, P.O. Box 4235, Kingston, New York 12402, Attorneys for Plaintiffs
Fabiani, Cohen & Hall. LLP, Kenneth J. Kutner, Esq. , 570 Lexington Avenue. 4th Floor, New York, New York 10022, Attorney for Defendants/Third-Party Plaintiff Clarkstown Holdings LLC; Defendants/Second Third Party-Plaintiffs E. W. Howell Co, LLC f/k/a E. W. Howell Co., Inc. and Lowe's Home Centers, Inc.
Maynard, O'Connor, Smith & Catalinotto, LLP, Edwin J. Tobin, Jr., Esq. , 6 Tower Place, Albany, New York 12203, Attorney for Defendant/Third-Party Defendant/Second Third-Party Defendant Olori Crane Service, Inc.
Litchfield Cavo, LLP, Daniel T. Hughes, Esq. , 420 Lexington Avenue, Suite 2104, New York, New York 10170, Attorney for Third-Party Defendant/Second Third-Party Defendant Orange Steel Erectors, Inc.
Santacrose and Frary, Sean A. Tomko, Esq. , One Columbia Circle, Albany, New York 12203, Attorney for Defendant/Third-Party Defendant/Second Third-Party Defendant M.V.M. Asphalt Corp.
Supreme Court, Greene County.
DECISION and ORDER
JOSEPH C. TERESI, Judge:
On August 5, 2008, Steven Spallane (hereinafter "Spallane") injured his right shoulder while working on a Lowe's1 Home Improvement Store construction project. At that time, the site was owned by Clarkstown2 and leased to Lowe's. Howell3 was the general contractor, who subcontracted the site work to MVM4
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