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LUNA v. BROADCOM W. DEV. CO. LLC

Docket No. 101340/2015.

70 Misc.3d 1043 (2020)

141 N.Y.S.3d 236

2020 NY Slip Op 34101(U)

CARMEN LEZCANO LUNA, Individually and as Administratrix of the Estate of JOHNNY LUNA, Deceased, Plaintiff, v. BROADCOM WEST DEVELOPMENT COMPANY LLC et al., Defendants/Third-Party Plaintiffs. PS MARCATO ELEVATOR CO., INC., Third-Party Defendant.

Supreme Court, New York County.

Decided December 10, 2020.

Attorney(s) appearing for the Case

Miller Leiby & Associates, P.C., New York City ( Anthony Vaughn, Jr. , of counsel), for third-party defendant.

Black Marjieh & Sanford LLP, Elmsford ( Lisa Black of counsel), for defendants/third-party plaintiffs.

Asta and Associates PC, New York City ( Michael Asta of counsel), for plaintiff.

OPINION OF THE COURT

I. Background

Plaintiff sues for personal injuries, wrongful death, and lost services sustained January 9, 2015, when a descending elevator killed her husband Johnny Luna, a mechanic employed by third-party defendant PS Marcato Elevator Co., Inc. He was working on an elevator modernization...

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