ORTIZ v. IGBY HUNTLAW LLC

2873.

146 A.D.3d 682 (2017)

2017 NY Slip Op 00550

49 N.Y.S.3d 17

WILSON ORTIZ et al., Respondents, v. IGBY HUNTLAW LLC, Defendant, and A.E. GREYSON & CO., INC., Appellant.

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

Decided January 26, 2017.


Plaintiff Wilson Ortiz, an employee of nonparty Uriu, LLC, was injured when he fell from a ladder while painting in an apartment owned by defendant Igby Huntlaw LLC, which was dismissed from plaintiffs' action. Greyson was the general contractor, and its contract with Igby specifically excluded painting the apartment. Uriu was hired to do the painting.

Greyson is entitled to summary judgment dismissing the complaint. Where, as here, a plaintiff's work at the time...

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