PORTALATIN v. TULLY CONSTR. CO.

2015-11486, Index No. 100879/13.

155 A.D.3d 799 (2017)

63 N.Y.S.3d 520

2017 NY Slip Op 07762

ANGEL PORTALATIN, Appellant, v. TULLY CONSTRUCTION CO.-E.E. CRUZ & COMPANY et al., Defendants/Third-Party Plaintiffs-Respondents, et al., Defendants. CHELMSFORD CONTRACTING CORP., Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

Decided November 8, 2017.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, a stone tender employed by a nonparty subcontractor at a construction project, alleged that he was injured while working at the project when he and his supervisor were using nylon "straps" to move an eight by four foot, 500-to-600-pound granite stone a distance of approximately four feet. As...

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