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PALAGUACHI v. IDLEWILD 228TH ST., LLC

2019-00630. Index No. 706775/15.

197 A.D.3d 1321 (2021)

153 N.Y.S.3d 585

2021 NY Slip Op 05127

Jose Palaguachi, Respondent, v. Idlewild 228th Street, LLC, Appellant, and Bar Construction Corp., Respondent.

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., Hicksville, NY ( Dennis S. Heffernan and Louis B. Dingeldey, Jr. , of counsel), for appellant.

Silberstein Awad & Miklos, P.C., Garden City, NY ( Daniel P. Miklos and Michael Grazio of counsel), for plaintiff-respondent.

Baker Greenspan & Bernstein, Bellmore, NY ( Patrick J. Garvey and Robert L. Bernstein, Jr. , of counsel), for defendant-respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.

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

In June 2015, the plaintiff commenced this action against the defendant Idlewild 228th Street, LLC (hereinafter Idlewild), the owner of a building under construction in Queens (hereinafter the premises), and the defendant Bar Construction Corp. (hereinafter Bar Construction), the general contractor of the construction project, to recover damages for personal injuries the plaintiff...

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