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S.V.L. v. PBM, LLC

Index No. 23835/14E. Appeal No. 13164-3165-13166. Case Nos. 2020-00013, 2020-00035, 2020-00041, 2020-00044.

191 A.D.3d 564 (2021)

142 N.Y.S.3d 523

2021 NY Slip Op 01133

S.V.L., an Infant, by His Mother and Natural Guardian, Yohanny L., et al., Appellants, v. PBM, LLC, Doing Business as Perfect Building Maintenance, et al., Respondents. PBM, LLC, Doing Business as Perfect Building Maintenance, Third-Party Plaintiff-Respondent, v. GEO Window Cleaning, Inc., Doing Business as Marval Building Maintenance, Third-Party Defendant/Second Third-Party Defendant-Respondent. RFR Realty, LLC, et al., Second Third-Party Plaintiffs-Respondents.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

The Bostany Law Firm PLLC, New York ( John P. Bostany of counsel), for appellants.

Baxter, Smith & Shapiro, P.C., White Plains ( Sim R. Shapiro of counsel), for PBM, LLC, respondent.

Cartafalsa, Turpin & Lenoff, New York ( Christopher J. Turpin of counsel), for RFR Realty, LLC RFR Holding, LLC, 345 PAS Owner, LLC, RFR Holding Corporation, 345 Park Avenue South Partnerships, 345 Park Avenue South Partners, LLC 345 Park Avenue South Holding, LLC, ABY Rosen and Michael Fuchs, respondents.

Lewis Johs Avallone Aviles, LLP, Islandia ( Amy E. Bedell of counsel), for GEO Window Cleaning, Inc, respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

This wrongful death action stems from Anthony Ventura Molina's death after he fell four stories from defendants' building in Manhattan while washing windows in the course of his employment with GEO.

After two discovery motions filed by plaintiffs against GEO and PBM were fully submitted, and while the parties were awaiting the court's decision thereon, the parties moved and cross-moved for summary judgment. Insofar as pertinent to this appeal, Supreme Court granted...

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