CASSESE v. SVJ JORALEMON, LLC

2016-05897. Index No. 10806/14.

168 A.D.3d 667 (2019)

92 N.Y.S.3d 127

2019 NY Slip Op 00091

Anthony Cassese et al., Respondents, v. SVJ Joralemon, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. Tri-State Elevator Co., Inc., Third-Party Defendant-Appellant.

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

Decided January 9, 2019.


Ordered that the order is reversed, on the law, with one bill of costs, and the third-party defendant's motion pursuant to CPLR 3211 (a) to dismiss the third-party complaint is granted.

On November 20, 2013, the plaintiff Anthony Cassese (hereinafter the injured plaintiff), an elevator mechanic employed by the third-party defendant, Tri-State Elevator Co., Inc. (hereinafter Tri-State), allegedly was injured when his left hand became trapped within a traction sheave...

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