KIM v. KIRCHOFF-CONSIGLI CONSTR. MGT., LLC

2018-14030. Index No. 7808/14.

197 A.D.3d 1289 (2021)

152 N.Y.S.3d 324

2021 NY Slip Op 05118

Jin Gak Kim, Respondent, v. Kirchoff-Consigli Construction Management, LLC, Defendant/Second Third-Party Plaintiff-Appellant. TMC Services, Inc., Second Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided September 29, 2021.


Attorney(s) appearing for the Case

Pillinger Miller Tarallo, LLP, Elmsford, NY ( Patrice M. Coleman of counsel), for defendant second third-party plaintiff-appellant.

Napoli Shkolnik PLLC, New York, NY ( Kristina Georgiou of counsel), for plaintiff-respondent.

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., New York, NY ( Marci D. Mitkoff and Sydney A. Fetten of counsel), for second third-party defendant-respondent.

Duffy, J.P., Brathwaite Nelson, Iannacci and Wooten, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In May 2014, the plaintiff commenced this action to recover damages for personal injuries he alleged he sustained while working at a building under construction on the SUNY Albany campus. According to the plaintiff, Kirchoff-Consigli Construction Management, LLC (hereinafter Kirchoff), was performing certain construction work at the building, and Kirchoff entered into a subcontract...

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