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REYES v. ASTORIA 31ST ST. DEVS., LLC

2017-12514, 2018-01558. Index No. 7856/15.

190 A.D.3d 872 (2021)

2021 NY Slip Op 00320

Leonel Reyes, Appellant, v. Astoria 31st Street Developers, LLC, et al., Respondents.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Sackstein, Sackstein & Lee, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Diane K. Toner ], of counsel), for appellant.

Gartner + Bloom, P.C., New York, NY ( Roy M. Anderson of counsel), for respondents.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the order entered November 2, 2017, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered December 26, 2017, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The plaintiff allegedly was injured while working as an ironworker for a nonparty subcontractor at an excavation site. Construction of a new building was underway and the excavation for the foundation was...

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