GUERRERO v. BRE PARK AVE. TOWER OWNER, LLC

2018-00913, Index No. 509589/16.

176 A.D.3d 1035 (2019)

108 N.Y.S.3d 878

2019 NY Slip Op 07569

Raul Guerrero, Respondent, v. BRE Park Avenue Tower Owner, LLC, Defendant/Third-Party Plaintiff-Respondent, and All Safe, LLC, Respondent. American Spray-On Corp., Third-Party Defendant-Appellant.

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

Decided October 23, 2019.


Attorney(s) appearing for the Case

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, NY ( Lauren B. Bristol of counsel), for third-party defendant-appellant.

Gorayeb & Associates, P.C., New York, NY ( Martin J. Moskowitz of counsel), for plaintiff-respondent.

Campolo, Middleton & McCormick, LLP, Ronkonkoma, NY ( Meghan M. Dolan of counsel), for defendant-respondent.

Leventhal, J.P., Roman, LaSalle and Christopher, JJ., concur.


Ordered that the order is affirmed, with one bill of costs.

On February 13, 2016, the plaintiff allegedly was injured while working at a construction site in Manhattan. In June 2016, the plaintiff commenced this action against BRE Park Avenue Tower Owner, LLC, and All Safe, LLC, placing venue in Kings County based upon the purported residence of the defendant All Safe, LLC. All Safe, LLC's application to the New York City Department of Buildings for a work permit...

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