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DESCHAINE v. TRICON CONSTR., LLC

Index Nos. 161654/14, 595123/15, 595166/15, 595184/15. Appeal No. 13308. Case No. 2020-03608.

192 A.D.3d 452 (2021)

139 N.Y.S.3d 827

2021 NY Slip Op 01354

Robert Deschaine, Plaintiff, v. Tricon Construction, LLC, et al., Defendants. Dollar Tree Stores, Inc., Third-Party Plaintiff-Respondent, v. AMZ Construction Services, Inc., Third-Party Defendant-Appellant/Second Third-Party Defendant-Appellant/Third Third-Party Defendant-Appellant. Michael Boyle, Second Third-Party Plaintiff-Respondent; Tricon Construction, LLC, et al., Third Third-Party Plaintiffs-Respondents.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Cornell Grace, P.C., New York ( Keisha A. Parker of counsel), for appellant.

Marshall Conway Bradley Gollub & Weissman, P.C., New York ( Shannon L. Saks of counsel), for Dollar Tree Stores, Inc., respondent.

Gallo Vitucci Klar LLP, New York ( Sara R. David of counsel), for Michael Boyle, respondent.

Lester Schwab Katz & Dwyer, LLP, New York ( Cristen R. Sommers of counsel), for Tricon Construction, LLC and C.P. Plaza Limited Partnership, respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

The court properly granted the motions for renewal (CPLR 2221[e]) and, upon renewal, vacated the part of the prior order granting AMZ's motion for summary judgment dismissing the third-party claims for contribution and common-law indemnification. The expert reports that plaintiff submitted after issuance of the prior order raised an issue of fact as to whether he had sustained a "grave injury" under Workers' Compensation Law § 11. Those reports demonstrated that the...

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