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TANKSLEY v. LCO BLDG. LLC

220 CA 20-00268.

196 A.D.3d 1037 (2021)

151 N.Y.S.3d 293

2021 NY Slip Op 04291

Dwayne D. Tanksley, Jr., Respondent, v. LCO Building LLC, Respondent, et al., Defendants. S.A.B. Specialties, LLC, Third-Party Plaintiff-Respondent, v. Blas Zuniga Builders, LLC, Third-Party Defendant-Appellant.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( MATTHEW A. LENHARD OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

SMITH SOVIK KENDRICK & SUGNET, P.C., BUFFALO ( BRADY J. O'MALLEY OF COUNSEL), FOR DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT.

Present—Smith, J.P., NeMoyer, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this litigation by bringing a Labor Law and common-law negligence action against defendants LCO Building LLC (LCO) and Cityview Construction Management, LLC (Cityview), and defendant/third-party plaintiff S.A.B. Specialties, LLC (SAB), seeking to recover damages for injuries sustained by plaintiff when he fell through a

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