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MARTINEZ v. ST-DIL LLC

304631/14. Appeal No. 14685. Case No. 2021-00814.

199 A.D.3d 577 (2021)

158 N.Y.S.3d 80

2021 NY Slip Op 06549

Victor Martinez, Plaintiff, v. ST-DIL LLC et al., Appellants. The Liberty Blue Group LLC, Third-Party Plaintiff-Appellant, v. EM Windsor Construction Company, Inc. Third-Party Defendant-Respondent/Second Third-Party Defendant-Respondent. ST-DIL LLC, Second Third-Party Plaintiff-Appellant.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., Hicksville ( Sim R. Shapiro of counsel), for appellants.

Devitt Spellman & Barrett, LLP, Smithtown ( Christi M. Kunzig of counsel), for respondent.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

Summary judgment in favor of defendants, the construction project owner and general contractor, on their claim for contractual indemnification against subcontractor EM Windsor is precluded by issues of fact as to whether they supervised and controlled the method and means of plaintiff's work and were solely responsible for plaintiff's accident (see Cackett v Gladden Props., LLC, 183 A.D.3d 419, 422 [1st Dept 2020]; Nenadovic...

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