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PUBLIC ADM'R v. 485 E. 188TH STREET REALTY CORP.

11297, 300589/08, 83842/08.

116 A.D.3d 1 (2014)

981 N.Y.S.2d 381

2014 NY Slip Op 1142

PUBLIC ADMINISTRATOR OF BRONX COUNTY, as Administrator of the Goods, Chattels and Credits of FERREL CARINO, Also Known as JOSE CARINO, Deceased, Respondent, v. 485 EAST 188TH STREET REALTY CORP. et al., Appellants. (And a Third-Party Action.) T.C. DUNHAM PAINT COMPANY, INC., Second Third-Party Plaintiff-Appellant, v. APPULA MANAGEMENT CORP., Second Third-Party Defendant-Appellant. NEW PALACE PAINTERS SUPPLY CO., INC., Third Third-Party Plaintiff-Appellant, v. APPULA MANAGEMENT CORP., Third Third-Party Defendant-Appellant. PUBLIC ADMINISTRATOR OF BRONX COUNTY, as Administrator of the Goods, Chattels and Credits of FERREL CARINO, Also Known as JOSE CARINO, Deceased, Plaintiff, v. 485 EAST 188TH STREET REALTY CORP. et al., Defendants. 485 EAST 188TH STREET REALTY CORP., Third-Party Plaintiff-Appellant, v. APPULA MANAGEMENT CORP., Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

Decided February 18, 2014.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City ( Louise M. Cherkis of counsel), for 485 East 188th Street Realty Corp., appellant.

Rosenbaum & Taylor, P.C., White Plains ( Dara L. Rosenbaum of counsel), for New Palace Painters Supply Co., Inc., appellant.

Thomas Torto , New York City ( Jason Levine of counsel), for T.C. Dunham Paint Company, Inc., appellant.

Linda A. Stark , New York City, for Appula Management Corp., appellant.

Law Offices of Marc A. Seedorf, Bronx ( Marc A. Seedorf of counsel), for respondent.

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

OPINION OF THE COURT

GISCHE, J.

This personal injury and wrongful death action arises from a flash fire in which Ferrel Carino, also known as Jose Carino, was severely burned; he subsequently passed away. Carino's estate is represented in this case by the Public Administrator.

On July 26, 2006, while Carino was supervising a work crew refinishing wood floors in apartment 1A at a building owned by defendant 485 East 188th Street Realty Corp. (485...

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