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GARCIA v. SMJ 210 W. 18 LLC

Docket No. 162400/14, Third-Party Index No. 595335/15, Second Third-Party Index No. 595215/17, Motion Sequence Nos. 001, 002, 003 & 004.

2018 NY Slip Op 33007(U)

JUAN GARCIA, Plaintiff, v. SMJ 210 WEST 18 LLC, PROPERTY MARKETS GROUP, INC., JDS DEVELOPMENT LLC, 210 WEST 18TH LLC, BAY BRIDGE ENTERPRISES LT, TISHMAN INTERIORS CORPORATION and JM3 CONSTRUCTION LLC, Defendants. SMJ 210 WEST 18 LLC, PROPERTY MARKETS GROUP, INC., JDS DEVELOPMENT LLC and 210 West 18th LLC, Third-Party Plaintiffs, v. S&E BRIDGE & SCAFFOLD LLC, Third-Party Defendant. S&E BRIDGE & SCAFFOLD LLC, Second Third-Party Plaintiff, v. JM3 CONSTRUCTION LLC, Second Third-Party Defendant.

Supreme Court, New York County.

November 16, 2018.

Attorney(s) appearing for the Case

Shapiro Law Offices PLLC, New York City ( Jason S. Shapiro of counsel), for plaintiff.

Cascone & Kluepfel, LLP ( Richard J. Calabrese of counsel), for third-party defendant S&E Bridge & Scaffold LLC.

Nicoletti Gonson Spinner LLP ( Laura M. Mattera of counsel, on the brief, and Marina A. Spinner of counsel, at oral argument), for defendants/third-party plaintiffs SMJ 210 West 18 LLC, Property Markets Group, Inc., JDS Development LLC, and 210 West 18th LLC.

Wood Smith Henning & Berman, LLP ( William E. Daks of counsel), for defendant/second third-party defendant JM3 Construction LLC.

Motion sequence numbers 001, 002, 003, and 004 are consolidated for disposition.

In this action arising out of a construction site accident, plaintiff Juan Garcia moves, pursuant to CPLR 3212, for partial summary judgment on the issue of liability under Labor Law § 240 (1) as against defendants SMJ 210 West...

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