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MAGGIO v. 24 WEST 57 APF, LLC

16203, 106407/09, 590715/10, 590788/11.

134 A.D.3d 621 (2015)

24 N.Y.S.3d 1

2015 NY Slip Op 09604

JOSEPH MAGGIO, Respondent-Appellant, v. 24 WEST 57 APF, LLC, et al., Appellants-Respondents, and RICHTER & RATNER CONTRACTING CORP. et al., Respondents. 24 WEST 57 APF, LLC, et al., Third-Party Plaintiffs, v. O'KANE CONSTRUCTION, INC., Third-Party Defendant-Respondent, and ATLANTIC HOIST & SCAFFOLDING, LLC, Third-Party Defendant. (And a Second Third-Party Action.)

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

Decided December 29, 2015.

Plaintiff, a drywall installer employed by O'Kane, was injured at premises owned by defendant 24 West and leased to ATNY. ATNY was converting the space into a gallery to display the work of the artist Ana Tsarev, and had hired R&R as the general contractor. R&R retained Atlantic to construct a scaffold on the premises for use in the renovation. Because the ceiling in the premises was 30 feet high, Atlantic's scope of work in its subcontract included building a staircase...

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