MERCHAN v. 609 ROUTE 17 SOUTH CORPORATION

15534, 152887/12

129 A.D.3d 613 (2015)

13 N.Y.S.3d 24

2015 NY Slip Op 05578

MARCELO MERCHAN, Respondent, v. 609 ROUTE 17 SOUTH CORPORATION, Defendant, FIFTH AVENUE MENSWEAR, INC., Appellant. (And a Third-Party Action.)

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

Decided June 25, 2015.


Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 11, 2014, which denied defendant Fifth Avenue Menswear Inc.'s motion for summary judgment, unanimously affirmed, without costs.

[Prior Case History: 2014 NY Slip Op 31792(U).]

Plaintiff was an employee of an independent contractor that was hired by defendant, an operator of a seasonal store and occupier of the land, to update a box sign outside of the store in

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