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CHRISMAN v. SYRACUSE SOMA PROJECT, LLC

1072 CA 19-02241.

192 A.D.3d 1594 (2021)

2021 NY Slip Op 01663

Michael Chrisman, Respondent, v. Syracuse Soma Project, LLC, et al., Appellants. Burke Contracting, LLC, Third-Party Plaintiff-Appellant, v. Whitacre Engineering Co. et al., Third-Party Defendants-Respondents.

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

Decided March 19, 2021.

Attorney(s) appearing for the Case

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE ( DAVID M. KATZ OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFF-APPELLANT.

STANLEY LAW OFFICES, SYRACUSE ( STEPHANIE VISCELLI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

SUGARMAN LAW FIRM, LLP, SYRACUSE ( ADAM P. CAREY OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS.

Present—Peradotto, J.P., NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part the motion of third-party defendants and reinstating the fifth cause of action in the amended third-party complaint, and denying plaintiff's cross motion in its entirety, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action against defendant Syracuse SOMA Project, LLC, the property...

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