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BENN v. BEACON CAPITAL PARTNERS, LLC

Index No. 162065/14, 595147/15, 595390/16, 595524/17. Appeal No. 13609. Case No. 2020-02821.

193 A.D.3d 540 (2021)

142 N.Y.S.3d 349

2021 NY Slip Op 02356

Michael Benn, Plaintiff, v. Beacon Capital Partners, LLC, et al., Defendants. (And a Third-Party Action.). Beacon Capital Partners, LLC, et al., Second Third-Party Plaintiffs-Respondents, v. Metropolitan Enterprises, Inc., Second Third-Party Defendant-Appellant. (And a Third Third-Party Action.)

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York ( Narriman Subrati of counsel), for appellant.

London Fischer LLP, New York ( Kyle T. McEwen of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, González, JJ.

Issues of fact as to whether Metropolitan owned or installed the ladder from which plaintiff fell and whether it failed to construct a staircase tower as provided for in the relevant subcontract preclude summary judgment dismissing the second third-party claims for contractual and common-law indemnification and contribution (see XX v Dunwell El. Elec. Indus., Inc., 188 A.D.3d 443, 446-447 [1st Dept 2020]; Farrugia v 1440 Broadway...

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