GARCIA v. SMJ 210 WEST 18 LLC

10066. 162400/14. 595335/15. 595215/17.

178 A.D.3d 473 (2019)

111 N.Y.S.3d 545

2019 NY Slip Op 08791

Juan Garcia, Appellant, v. SMJ 210 West 18 LLC et al., Respondents, et al., Defendants. SMJ 210 West 18 LLC et al., Third-Party Plaintiffs, v. S&E Bridge & Scaffold LLC, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided December 10, 2019.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York ( Brian J. Isaac of counsel), for appellant.

Nicoletti Gonson Spinner Ryan Gulino Pinter LLP, New York ( Benjamin Gonson of counsel), for SMJ 210 West 18 LLC, respondent.

Wood Smith Hennig and Berman, LLP, New York ( Patrick James of counsel), for JM3 Construction LLC, respondent.

Cascone & Kluepfel, LLP, Garden City ( James K. O'Sullivan of counsel), for S & E Bridge & Scaffold LLC, respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.


The record reflects that plaintiff was on a temporary exterior platform on the 21st floor of a building under construction, when he was struck and injured by a falling piece of DensGlass, an exterior sheetrock material, which matched the size of a missing piece of sheetrock one floor above. Plaintiff was in the process of dismantling the bridge that was linked to the exterior hoist elevator.

Plaintiff established his entitlement to judgment as a matter of law on the...

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