MIRONOV v. MEMORIAL HOSP. FOR CANCER & ALLIED DISEASES

Index No. 155433/17. Appeal No. 13361. Case No. 2020-02672.

192 A.D.3d 514 (2021)

140 N.Y.S.3d 415

2021 NY Slip Op 01515

Svetlana Mironov, Respondent, v. Memorial Hospital for Cancer and Allied Diseases et al., Respondents, and Re Source New Jersey, Inc., Appellant, et al., Defendants.

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

Decided March 16, 2021.


Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York ( David H. Schultz of counsel), for appellant.

Meyer, Suozzi, English & Klein, P.C., Garden City ( Michael A. Serpico of counsel), for Svetlana Mironov, respondent.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone of counsel), for Memorial Hospital for Cancer and Allied Diseases, Hunter Roberts Constructions Group LLC, Orange County Iron Works LLC, A-Val Architectural Metal III LLC, Port Morris Tile & Marble, Corp., Imperial Woodworking Company, West-Fair and Electric Contractors, Inc., respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.


Re Source demonstrated conclusively, through its president's affidavit and supporting documentary evidence, including its plans of the project, that it did not perform any work on the staircase where plaintiff fell. Further, it did not perform the type of work depicted in the photograph of the area, i.e., the design and installation of a concrete staircase. Rather, Re Source's contract work, as shown on its plans, was the installation of a rubber flooring system at two other...

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