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AJCHE v. PARK AVE. PLAZA OWNER, LLC

8848, 156696/12.

171 A.D.3d 411 (2019)

98 N.Y.S.3d 13

2019 NY Slip Op 02456

Jorge Ajche, Appellant-Respondent, v. Park Avenue Plaza Owner, LLC, et al., Respondents-Appellants, and 53rd St. Food, LLC, et al., Respondents. Park Avenue Plaza Owner, LLC, Third-Party Plaintiff-Respondent-Appellant/Third Third-Party Plaintiff-Respondent-Appellant, v. 53rd St. Food, LLC, et al., Third-Party Defendants-Respondents. 53rd St. Food, LLC, et al., Second Third-Party Plaintiffs-Respondents, v. Cobra Kitchen Ventilation, Inc., Second Third-Party Defendant-Respondent/Third Third-Party Defendant-Respondent.

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

Decided April 2, 2019.

Plaintiff sustained injuries while insulating air-conditioning ducts in the kitchen ceiling of a restaurant under construction. Park owned the property, and leased it to 53rd Street to operate a restaurant called Blake & Todd. 53rd Street retained CPM as the general contractor on the project, but also directly hired plaintiff's employer, Cobra, as the contractor for the kitchen HVAC work.

Nobody witnessed the accident, and plaintiff admittedly had no recollection...

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