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VASQUEZ v. CITY OF NEW YORK

Index Nos. 159903/15, 595223/16, 595507/16. Appeal Nos. 14789-14789A-14789B. Case Nos. 2020-00286, 2021-00815.

200 A.D.3d 482 (2021)

160 N.Y.S.3d 205

2021 NY Slip Op 06824

David Vasquez et al., Plaintiffs, v. City of New York et al., Appellants-Respondents, and RC Dolner, Inc., Respondent-Appellant/Second Third-Party Plaintiff-Respondent-Appellant, et al., Defendants. (A Third-Party Action.) All-Safe LLC, Second Third-Party Defendant-Appellant-Respondent.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York ( Evy L. Kazansky of counsel), for The City of New York, City Center of Music and Drama, Inc., appellants-respondents.

Melito & Adolfsen P.C., New York ( Robert D. Ely of counsel), for All-Safe, LLC, appellant-respondent.

Harrington, Ocko & Monk, LLP, White Plains ( Adam G. Greenberg of counsel) for respondent-appellant.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

This personal injury action arose when the injured plaintiff David Vasquez (plaintiff) fell during a construction project at Lincoln Center. CCMD, owner of the premises, hired Dolner to be the general contractor for the construction project. Dolner subcontracted with All-Safe to be the site-logistics subcontractor, and with third-party defendant Donaldson Interiors, Inc., plaintiff's employer, to install drywall and acoustical ceilings. Several months before plaintiff's accident...

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