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FERNANDEZ v. CITY OF NEW YORK

Docket No. 105177/09, Index No. 590275/11., 590815/11, Motion Seq. Nos. 005, 006, 008, 010, and 011.

2013 NY Slip Op 31555(U)

JOSE FERNANDEZ, Plaintiff, v. THE CITY OF NEW YORK, MTA/NEW YORK CITY TRANSIT AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA CAPITAL CONSTRUCTION COMPANY and FIVE STAR CONTRACTING CO., Defendants. THE CITY OF NEW YORK, THE NEW YORK CITY TRANSIT AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION COMPANY, Third-Party Plaintiffs, v. JUDLAU CONTRACTING, INC., Third-Party Defendant. FIVE STAR ELECTRIC CORP., Second Third-Party Plaintiff, v. EATON ELECTRIC, INC. and NUNEZ ELECTRIC, INC., Second Third-Party Defendants.

Supreme Court, New York County.

July 12, 2013.

Filed July 17, 2013.

DECISION AND ORDER

MICHAEL D. STALLMAN, Judge.

In this personal injury action alleging violations of Labor Law §§ 200, 240 (1) and 241 (6), plaintiff Jose Fernandez (Fernandez) was allegedly injured on April 2, 2009 when he was struck by a conduit or pipe while working as a laborer on the South Ferry Subway Renovation Project. Fernandez was allegedly paralyzed as a result of the accident. Fernandez moves, pursuant to CPLR 3212, for an order: (1...

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