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VILLA v. EAST 85TH REALTY, LLC

2018-05764. Index No. 708319/14.

189 A.D.3d 1661 (2020)

138 N.Y.S.3d 136

2020 NY Slip Op 08103

Luis Villa, Appellant, v. East 85th Realty, LLC, Respondent. (And a Third-Party Action.)

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City, NY ( Daniel P. Miklos of counsel), for appellant.

Mulholland Minion Duffy Davey McNiff & Beyrer, Williston Park, NY ( Eric N. Bailey of counsel), for respondent.

Mastro, J.P., Chambers, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On June 26, 2014, the plaintiff, who was employed by the third-party defendant, Capital Craftsman, Inc. (hereinafter Capital Craftsman), was installing tile in one of the bathrooms of an apartment building located in Manhattan when he fell, allegedly sustaining personal injuries. The building was owned by the defendant, East 85th Realty, LLC, and Capital Craftsman was hired to perform cosmetic renovations to vacated...

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