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PENARANDA v. 4933 REALTY, LLC

11850, 100963/10, 590179/11.

118 A.D.3d 596 (2014)

2014 NY Slip Op 4685

BRAULIO MILTON PENARANDA, Appellant-Respondent, v. 4933 REALTY, LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. NY CONSTRUCTION WORK INC., Doing Business as K&S CONSTRUCTION, Third-Party Defendant-Respondent.

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

Decided June 24, 2014.

Plaintiff was injured while employed by third-party defendant tenant K&S Construction when he was thrown from a "Bobcat" front-end loader. Defendant landlord had contracted with third-party defendant tenant, plaintiff's employer, to construct a concrete curb around the perimeter of the nearby parking lot. Plaintiff was helping to remove plywood, which was allegedly interfering with the construction project, and was positioned...

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