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GARCIA v. EMERICK GROSS REAL ESTATE, L.P.

2019-00108. Index No. 608332/16.

196 A.D.3d 676 (2021)

2021 NY Slip Op 04540

David Garcia, Appellant-Respondent, v. Emerick Gross Real Estate, L.P., Defendant/Third-Party Plaintiff-Respondent-Appellant. Temperature Systems, Inc., Third-Party Defendant-Respondent-Appellant.

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

Decided July 28, 2021.

Attorney(s) appearing for the Case

Derek Smith Law Group, PLLC, New York, NY ( Payne Tatich of counsel), for appellant-respondent.

Hannum, Feretic, Prendergast & Merlino, LLC, New York, NY ( Jessica M. Erickson of counsel), for defendant third-party plaintiff-respondent-appellant.

Fullerton Beck, LLP, White Plains, NY ( Edward J. Guardaro, Jr. , of counsel), for third-party defendant-respondent-appellant.

Rivera, J.P., Miller, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendant/third-party plaintiff, Emerick Gross Real Estate, L.P. (hereinafter Emerick), hired the third-party defendant, Temperature Systems, Inc. (hereinafter TSI), to make certain improvements to a boiler in one of Emerick's multifamily dwellings in Brooklyn. The plaintiff, an employee of TSI, allegedly...

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