DESENA v. NORTH SHORE HEBREW ACADEMY

2013-01577, Index Nos. 9475/06, 4352/07.

119 A.D.3d 631 (2014)

989 N.Y.S.2d 505

2014 NY Slip Op 5149

MICHAEL DESENA et al., Respondents-Appellants, v. NORTH SHORE HEBREW ACADEMY et al., Defendants/Second Third-Party Plaintiffs-Appellants-Respondents. G.I.C. CONSTRUCTION COMPANY, Second Third-Party Defendant/Third Third-Party Plaintiff-Respondent-Appellant; CARLO LIZZA & SONS, INC., Third Third-Party Defendant/Fourth Third-Party Plaintiff-Respondent-Appellant; CARLO LIZZA & SONS PAVING, INC., Third Third-Party Defendant-Respondent-Appellant; CORINTHIAN CAST STONE, INC., Fourth Third-Party Defendant-Respondent-Appellant. (Action No. 1.) MICHAEL DESENA et al., Respondents-Appellants, v. NSHA CONSTRUCTION CORP., Defendant/Third-Party Plaintiff-Appellant-Respondent. G.I.C. CONSTRUCTION COMPANY, Third-Party Defendant/Second Third-Party Plaintiff-Respondent-Appellant; CARLO LIZZA & SONS, INC., et al., Second Third-Party Defendants-Respondents-Appellants. (Action No. 2.)

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

Decided July 9, 2014.


In two related actions to recover damages for personal injuries, etc., (1) North Shore Hebrew Academy, North Shore Hebrew Academy High School, and NSHA Construction, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), entered December 18, 2012, as denied their cross motion, inter alia, for summary judgment dismissing the complaints, (2) G.I.C. Construction Company cross-appeals, as limited by its brief, from...

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