TOMLINSON v. DEMCO PROPS. NY, LLC

2018-12965. Index No. 2460/15.

189 A.D.3d 1294 (2020)

137 N.Y.S.3d 378

2020 NY Slip Op 07616

Christopher Tomlinson, Appellant, v. Demco Properties NY, LLC, et al., Respondents. (And a Third-Party Action.).

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Jacoby & Meyers LLP, Newburgh, NY ( Lawrence D. Lissauer of counsel), for appellant.

Alan R. Lewis , Newburgh, NY, for respondent Demco Properties NY, LLC.

Boeggeman, Corde, Ondrovic & Hurley, P.C., White Plains, NY ( Daniel E. O'Neill of counsel), for respondent RAB Communications, Inc.

Leonard Kessler , Westtown, NY, for respondent Time Warner Cable, Inc.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.


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

The plaintiff, an independent contractor, was retained by the defendant RAB Communications, Inc. (hereinafter RAB), to install internet, telephone, and cable television services for a tenant at a property owned by the defendant Demco Properties NY, LLC (hereinafter Demco). RAB was a subcontractor of the defendant Time Warner Cable, Inc...

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