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CORONA v. HHSC 13TH STREET DEVELOPMENT CORPORATION

Index No. 23651/13E, 43265/15E. Appeal No. 14089. Case No. 2020-04594.

197 A.D.3d 1025 (2021)

153 N.Y.S.3d 448

2021 NY Slip Op 05010

Roberto Torres Corona et al., Appellants, v. HHSC 13th Street Development Corporation et al., Respondents, et al., Defendants. HHSC 13th Street Development Corporation et al., Third-Party Plaintiffs-Respondents, v. City of New York, Third-Party Defendants-Respondents.

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

Decided September 16, 2021.

Attorney(s) appearing for the Case

Mark S. DeAngelis , Baldwin Place ( Beth S. Gereg of counsel), for appellants.

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. DeStefano of counsel), for HHSC 13th Street Development Corporation, 13th Street Associates L.P., H.E.L.P. USA Inc., Genesis at 13th Inc., and Genesis Apartments, respondents.

Cullen and Dykman LLP, New York ( Adrienne Yaron of counsel), for Bay Restoration Corp., respondent.

Georgia M. Pestana , Corporation Counsel, New York ( Ellen Ravitch of counsel), for municipal respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Plaintiff Roberto Torres Corona (plaintiff) alleges that he was injured when he fell on the sidewalk abutting defendants' property during his employment in the deconstruction and disassembly of a sidewalk bridge and his right eye became impaled on a tree guard.

Defendants' motion is premature with respect to the Labor Law § 200 and common-law negligence claims, since "it appear[s]... that facts essential to justify opposition may exist but cannot ... be stated...

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