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PCHELKA v. SOUTHCROFT, LLC

2018-10920. Index No. 21310/10.

178 A.D.3d 836 (2019)

115 N.Y.S.3d 382

2019 NY Slip Op 08853

Zdzistaw Pchelka, Appellant, v. Southcroft, LLC, Defendant, and 322 West 57th Street Condominium et al., Respondents.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Bader & Yakaitis, LLP, New York, NY ( Jesse M. Young of counsel), for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( David A. LoRe of counsel), for respondents.

Mastro, J.P., Balkin, Iannacci and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a plumber's assistant, was injured on May 6, 2010, while working for nonparty Donato Plumbing & Heating (hereinafter Donato) in an apartment building which was undergoing conversion into condominium units. Donato was a plumbing subcontractor on the project. As part of the subcontract, Donato was required to complete the "rough" and "finish" plumbing work on various floors,...

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