MARNEY v. CORNELL KENT II HOLDINGS, LLC

2018-10030. Index No. 504701/13.

194 A.D.3d 917 (2021)

2021 NY Slip Op 03170

Dennis Marney, Appellant, v. Cornell Kent II Holdings, LLC, et al., Respondents, et al., Defendants.

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

Decided May 19, 2021.


Attorney(s) appearing for the Case

Hofmann & Schweitzer, New York, NY ( Paul T. Hofmann of counsel), for appellant.

Daniel E. Kane, P.C., Brooklyn, NY, for respondents Cornell Kent II Holdings, LLC, and Cornell Kent Holdings, LLC.

Vouté, Lohrfink, Magro & McAndrew, LLP, White Plains, NY ( Jeffrey S. Peske of counsel), for respondent RA Consultants, LLC.

Cascone & Kluepfel, LLP, Garden City, NY ( Beth L. Rogoff-Gribbins and Michelle Meiselman of counsel), for respondent Cornell Realty Management, LLC.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

In April 2013, the plaintiff, an employee of nonparty Warren George, Inc. (hereinafter WGI), was injured while drilling for soil samples at the subject property, which allegedly was owned by the defendants Cornell Kent II Holdings, LLC, and Cornell Kent Holdings, LLC (hereinafter together the Cornell entities). Prior...

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