DELGAUDIO v. TOWNHOUSE CO. LLC

Index No. 160455/13. Appeal No. 12523-12524. Case No. 2020-01734, 2020-01735.

189 A.D.3d 429 (2020)

137 N.Y.S.3d 20

2020 NY Slip Op 07269

Anthony Delgaudio, Respondent, v. Townhouse Company LLC et al., Respondents, and City Cinemas LLC, Appellant/Third-Party Defendant-Appellant, et al., Defendants. Townhouse Company LLC et al., Third-Party Plaintiffs-Respondents. Townhouse Company LLC et al., Fourth-Party Plaintiffs-Respondents, v. Arista Air Conditioning Corp., Fourth-Party Defendant-Respondent.

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

Decided December 3, 2020.


Attorney(s) appearing for the Case

Melito & Adolfsen P.C., New York ( Steven I. Lewbel of counsel), for appellant.

Cozen O'Connor, New York ( Amanda L. Nelson of counsel), for Townhouse Company LLC, Solow Realty & Development Co. LLC and Beekman Theater Company LLC, respondents.

Riker Danzig Scherer Hyland & Perretti, LLP, New York ( Peter M. Perkowski Jr. of counsel), for Arista Air Conditioning Corp., respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.


Plaintiff commenced this action to recover for personal injuries he sustained while working in a mechanical room of a building owned and managed, respectively, by Townhouse and Solow, when he slipped on garbage or debris on the floor, causing him to fall and his hand to become caught in the exposed and operating belts and pulleys of an air conditioning unit. City Cinemas leased from Townhouse the Beekman Theater located in the...

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