GJEKA v. IRON HORSE TRANSP., INC.

Index No. 304692/12. Appeal No. 13120. Case No. 2019-04165.

191 A.D.3d 526 (2021)

142 N.Y.S.3d 49

2021 NY Slip Op 00995

Martin Gjeka et al., Respondents, v. Iron Horse Transport, Inc., et al., Respondents-Appellants, and 108-11 East 116th Street LLC, Appellant-Respondent.

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

Decided February 16, 2021.


Attorney(s) appearing for the Case

Milber, Makris, Plousadis & Seiden, LLP, White Plains ( Otto Cheng of counsel), for appellant-respondent.

Law office of Thomas Torto, New York ( Thomas Torto of counsel), for Iron Horse Transport, Inc. and Michael Busch, respondents-appellants.

Mauro Lilling NaParty, LLP, Woodbury ( Anthony F. DeStefano of counsel), for Re-Steel Supply Company, Inc., respondent.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for Martin Gjeka and Drite Gjeka, respondents.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.


Plaintiff Martin Gjeka (plaintiff) was directing traffic around an unguarded trench in the street when a tractor trailer driven by defendant Michael Busch struck him, causing him to fall into the pit. The roadway was being excavated for the installation of new sewer lines for a building under construction owned by defendant 108-110 East 116th Street LLC (LLC). Plaintiff's employer, nonparty Express Plumbing, Inc., which was retained...

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