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GING v. F.J. SCIAME CONSTR. CO., INC.

Index No. 157839/12, 590551/13. Appeal No. 13497. Case No. 2020-01241.

193 A.D.3d 415 (2021)

146 N.Y.S.3d 603

2021 NY Slip Op 02068

Albert Ging, Respondent, v. F.J. Sciame Construction Co., Inc., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. Koenig Iron Works, Inc., Third-Party Defendant-Appellant-Respondent, and Atlantic Detail & Erection Corp., Third-Party Defendant-Respondent-Appellant. (And a Second Third-Party Action.)

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

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

Goetz Schenker Blee & Wiederhorn LLP, New York ( Jeffrey Rubinstein of counsel), for F.J. Sciame Construction Co., Inc., respondent-appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Atlantic Detail & Erection Corp., respondent-appellant.

Kazmierczuk & McGrath, Forest Hills ( Joseph Kazmierczuk of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

This personal injury action stems from plaintiff's accident at a theater being constructed in Brooklyn. Sciame was the construction manager for the work and subcontracted the structural steel work to Koenig. Koenig, in turn, sub-subcontracted the steel erection work to Atlantic, which employed plaintiff at the time of his accident.

Plaintiff alleges that he was standing on a structural steel tube, which measured approximately 20-feet long by 6-inches wide, on the...

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