BAEZ-RENDON v. 250 BOWERY PROJECT LLC

Docket Nos. 113354/08, 113354/2008E, 590041/2009, Mot. Seq. Nos. 006, 007, 008, 009.

2012 NY Slip Op 33550(U)

VICTOR BAEZ-RENDON, Plaintiff, v. 250 BOWERY PROJECT LLC and FOUNDATIONS GROUP INC., KBC CONCRETE CORP., and DIVERSIFIED INDUSTRIES, INC., Defendants. FOUNDATIONS GROUP INC., Third-Party Plaintiff, v. GCM METAL INDUSTRIES, INC., Third-Party Defendant.

Supreme Court, New York County.

October 3, 2012.


Attorney(s) appearing for the Case

Joseph T. Mullen, Jr. & Assocs., By: Steven Hoffman, Esq. , 30 Vesey St., 15st fl. New York, NY, 10007, for the Plaintiff.

Baxter Smith & Shapiro, P.C., By: Arthur J. Smith, Esq. , 99 No. Broadway Hicksville, NY, 11801, for Defendant 250 Bowery.

Miranda Sambursky Slone Sklarin Verveniotis, LLP, By: Neil Sambursky , Brian L. Gordon, Esqs. , 240 Mineola Blvd. Mineola, NY, 11501, for Defendant Foundations Group.

Faist Goetz Schenker & Blee, By: Sana Suhail, Esq. , Two Rector St., 20th fl. New York, NY, 10006, for Defendant KDC Concrete.

Wade Clark Mulcahy, By: Lora H. Gleicher, Esq. , 111 Broadway, 9th fl. New York, NY, 10006. for Third-Party Defendant GCM Metal.

no appearance (default). for Defendant Diversified.


DECISION AND ORDER

PAUL G. FEINMAN, Judge.

It is ordered that this motion and Cross Motion(s) are decided in Accordance with annexed decision and Order.

Motion sequence numbers 006, 007, 008, and 009 are consolidated for purposes of decision, as is the cross motion pertaining to motion sequence numbers 006 and 009.

Plaintiff, a welder by trade, was injured on June 19, 2007 when a piece of concrete debris fell on his back from above as he...

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