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MIRANDA v. HANOVER RIVER HOUSE INC.

Index No. 25545/16E. Appeal No. 13879N. Case No. 2020-00651.

194 A.D.3d 573 (2021)

144 N.Y.S.3d 345

2021 NY Slip Op 03257

Omayra Miranda, as Administrator of the Estate of Miguel A. Rivera, Also Known as Miguel A. Rivera Fernandez, Appellant, v. Hanover River House Inc. et al., Defendants. Hanover River House Inc. et al., Third-Party Plaintiffs, v. Aerial Window Cleaning LLC, Third-Party Defendant-Respondent. Henry Lanier, Second Third-Party Plaintiff-Respondent, v. Aerial Window Cleaning LLC, Now Known as Apple Cleaning Company, Second Third-Party Defendant-Respondent.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

The Yankowitz Law Firm, P.C., Great Neck ( Steven R. Widom of counsel), for appellant.

Varvaro, Cotter & Bender, White Plains ( Rose M. Cotter of counsel), for Henry Lanier, respondent.

Braverman Greenspun, P.C., New York ( Steven R. Goldstein of counsel), for Aerial Window Cleaning LLC, respondent.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.

The decedent Miguel Rivera died after falling out of a fifth-floor window of a cooperative duplex apartment building located at 335 Greenwich Street during the course of his employment as a window washer. At that time, he was employed by third-party defendant Aerial Window Cleaning, LLC (Aerial Window).

The court exercised its discretion in a provident manner in declining to vacate the note of issue or permit post-note...

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