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TSONGAS v. APEX CONSTR./MASONRY CORP.

150586/17. Appeal No. 12622. Case No. 2020-03061.

189 A.D.3d 567 (2020)

133 N.Y.S.3d 809

2020 NY Slip Op 07520

Nikolaos Tsongas, Respondent, v. Apex Construction/Masonry Corp., Defendant, and Alan Cumming et al., Appellants.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Eustace, Prezioso & Yapchanyk, New York ( Christopher M. Yapchanyk of counsel), for appellants.

Rosenberg Minc Falkoff & Wolff, LLP, New York ( Arthur Tisi of counsel), for respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Plaintiff was injured when he fell into a hole dug by employees of codefendant Apex Construction/Masonry Corp. (Apex) in the backyard of Homeowner Defendants' home during renovation of the premises. The hole was created for the purpose of building the foundation for a deck. Homeowner Defendants hired nonparty IA Construction Management Inc. as the general contractor, which subcontracted out part of the work to Apex; plaintiff was an employee of IA Construction.

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