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SALCEDO v. SUSTAINABLE ENERGY OPTIONS, LLC

Index No. 306568/13. Appeal No. 12776. Case No. 2019-03278.

190 A.D.3d 439 (2021)

2021 NY Slip Op 00042

Luis Manuel Garcia Salcedo, Appellant, v. Sustainable Energy Options, LLC, et al., Respondents, et al., Defendant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Christopher Soverow of counsel), for appellant.

Law Office of Tobias & Kuhn, New York ( Curtis B. Gilfillan of counsel) for Sustainable Energy Options, LLC, Gemstone Property Management LLC and DHNY IV LLC, respondents.

Kennedys CMK, LLP, New York ( Sean T. Burns of counsel), for Strathmore Construction Management, LLC, respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

The record demonstrates conclusively that defendant Strathmore, a general contractor was performing interior renovations of certain apartments in the building, had no involvement in the work being performed in the basement, where plaintiff was injured (see Garcia v Pepsico, Inc., 303 A.D.2d 227 [1st Dept 2003]; Ross v Curtis-Palmer Hydro-Elec. Co., 295 A.D.2d 723 [3d Dept 2002], lv denied...

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