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CABRERA v. LINCOLN SQ. CONDOMINIUM

453205/15. 596031/18. Appeal No. 14655. Case No. 2021-00253.

199 A.D.3d 507 (2021)

157 N.Y.S.3d 420

2021 NY Slip Op 06434

Wilmer Cabrera, as Administrator of the Estate of Henry Esteban Salinas Cerrato, Deceased, Respondent, v. Lincoln Square Condominium, Appellant-Respondent, United Parcel Service, Inc., et al., Respondents-Appellants, and Altitude Equipment Rentals, LLC, Respondent/Third-Party Defendant-Respondent, et al., Defendant. United Parcel Service, Inc., et al., Third-Party Plaintiffs-Respondents-Appellants. (And Another Action.)

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Crafa & Sofield, P.C., Garden City ( Joseph R. Crafa of counsel), for appellant-respondent.

Ansa Assuncao, LLP, White Plains ( Thomas O. O'Connor of counsel), for respondents-appellants.

Dansker & Aspromonte Associates, New York ( Raymond Maceira of counsel), for Wilmer Cabrera, respondent.

Haworth Barber & Gerstman, LLC, New York ( Barry Gerstman of counsel), for Altitude Equipment Rentals, LLC, respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

On November 5, 2013, plaintiff's decedent Henry Esteban Salinas Cerrato was working for defaulted defendant Creative Christmas, Inc., stringing holiday lights at the corner of Columbus Avenue and West 67th Street in Manhattan. Creative Christmas had been hired by defendant Lincoln Square to install the lights in 15 trees whose branches ranged in height from 6 feet to 20 feet. At approximately 1:30 a.m., decedent was with coworker Christian Baquedano in the raised orange bucket...

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