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MADKINS v. 22 LITTLE W. 12TH ST., LLC

Index No. 153651/14. Appeal No. 13050. Case No. 2020-01988.

191 A.D.3d 434 (2021)

142 N.Y.S.3d 150

2021 NY Slip Op 00628

Phillip Madkins, Appellant-Respondent, v. 22 Little West 12th Street, LLC, et al., Respondents-Appellants. Katselnik & Katselnik Group, Inc., et al., Third-Party Plaintiffs-Respondents-Appellants, v. Handco Welding, Third-Party Defendant-Respondent. Katselnik & Katselnik Group, Inc., et al., Second Third-Party Plaintiffs-Respondents-Appellants, v. Northeast Service Interiors LLC, Second Third-Party Defendant-Respondent.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

The Perecman Firm, P.L.L.C., New York ( David Perecman of counsel), for appellant-respondent.

Kennedys CMK LLC, New York ( Carol R. Finocchio of counsel), for respondents-appellants.

Law Office of Kevin P. Westerman, Elmsford ( Jonathan R. Walsh of counsel), for Handco Welding, respondent.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Laura M. Mattera of counsel), for Northeast Service Interiors LLC, respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

Plaintiff commenced this action to recover for personal injuries he allegedly sustained when bricks fell down an elevator shaft in a building under construction in which he was working and struck him. Issues of fact as to how the accident happened, inter alia, preclude summary judgment in plaintiff's favor on his Labor Law § 240(1) claim (see Nieves v Trustees of Columbia Univ. in the City of New York, 158 A.D.3d 464 [1st Dept...

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