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MATTER OF CLAIM OF ESTATE OF VELASQUEZ v. NGA CONSTR. CO., INC.

516773.

2013 NY Slip Op 08185

IN THE MATTER OF THE CLAIM OF ESTATE OF FRANKLIN VELASQUEZ, DECEASED, Respondent, v. NGA CONSTRUCTION COMPANY, INC., ET AL., Respondents, AND CONTINENTAL INDEMNITY COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 5, 2013.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York City ( Patrick J. Lawless of counsel), for appellant.

Cherry, Edson & Kelly, LLP, Carle Place ( David W. Faber of counsel), for NGA Construction Company, Inc. and another, respondents.

Before: Peters, P.J., Lahtinen, Spain and Egan Jr., JJ.

Appeal from a decision of the Workers' Compensation Board, filed September 24, 2012, which ruled that Continental Indemnity Company was responsible for decedent's workers' compensation death benefits.

MEMORANDUM AND ORDER

PETERS, P.J.

In May 2010, M & L Enterprises, LLC subcontracted with NGA Construction Company, Inc., a New Jersey company, to install siding on a building in Brooklyn. During the project, decedent, an employee of NGA, fell from...

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