GARCIA v. 13 W. 38, LLC

Index No. 300076/2015E.

73 Misc.3d 434 (2021)

2021 NY Slip Op 21240

ANTHONY G. GARCIA, Plaintiff, v. 13 WEST 38, LLC, et al., Defendants. (And Third-Party Actions.)

Supreme Court, Bronx County.

Decided September 13, 2021.


Attorney(s) appearing for the Case

Rosenbaum & Taylor, PC, White Plains ( Joshua P. Acosta of counsel), for Just Renovations & GC, LLC, defendant.

Piergrossi & Peterman, LLP, Bronx ( Brian J. Isaac of counsel), for plaintiff.

Lester Schwab Katz & Dwyer, LLP, New York City ( Paul Tarr of counsel), for 13 West 38, LLC, defendant and third-party plaintiff, and for NYC Management LLC, second third-party defendant.

Gottlieb Siegel & Schwartz, LLP, New York City ( Desiree Luree Berger of counsel), for Uplift Elevator Corp., defendant.

Mead, Hecht, Conklin & Gallagher, LLP, White Plains ( Kevin Thomas Conklin of counsel), for FroMark, Inc., defendant, third-party defendant and second third-party plaintiff.

Law Office of Thomas K. Moore, White Plains ( Roula Theofanis of counsel), for Bene Rialto LLC, defendant and third-party defendant.


OPINION OF THE COURT

In motion sequence No. 5 (available on NY St Cts Elec Filing [NYSCEF], index No. 300076/2015E), defendant Just Renovations & GC, LLC (hereinafter, Just Renovations) moves for summary judgment dismissing the plaintiff's complaint and all cross claims asserted against it. Plaintiff cross-moves...

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