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HERMITAGE INS. CO. v. SKYVIEW & SON CONSTR. CORP.

687, 107777/11.

137 A.D.3d 712 (2016)

27 N.Y.S.3d 569

2016 NY Slip Op 02537

HERMITAGE INSURANCE COMPANY, Respondent, v. SKYVIEW & SON CONSTRUCTION CORP. et al., Defendants, ASPEN INSURANCE UK LIMITED, Respondent, and STALIN IVAN DIAZ, Appellant.

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

Decided March 31, 2016.

Defendant Stalin Ivan Diaz was injured while working for defendant 786 Iron Works Corporation on a project rehabilitating premises owned by defendants Muhamet Mirzo and Suzana Mirzo. Defendant Skyview & Son Construction Corp., operated by the Mirzos' son, acted as the general contractor for the project and hired Iron Works as a framing subcontractor. Diaz's injury occurred outside the premises when a steel metal rolling gate fell on him.

Following his injury,...

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