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CANDO v. AJAY GEN. CONTR. CO. INC.

2018-06608. Index No. 14172/14.

200 A.D.3d 750 (2021)

160 N.Y.S.3d 261

2021 NY Slip Op 06831

Jorge Luis Auquilla Cando, Respondent, v. Ajay General Contracting Co. Inc. Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff-Respondent, and Scottye Kennedy et al., Appellants. FJP Mechanical, Inc., Third-Party Defendant; PCL Custom Remodeling, Inc., Second Third-Party Defendant-Appellant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York, NY ( John U. H. Blumenstock of counsel), for second third-party defendant-appellant.

Martyn, Martyn, Smith & Murray, Mineola, NY ( Christina J. Hill of counsel), for defendants-appellants.

Gerber Ciano Kelly Brady LLP, Garden City, NY ( James P. Gilroy of counsel), for defendant third-party plaintiff/second third-party plaintiff-respondent.

Mastro, J.P., Miller, Connolly and Genovesi, JJ., concur.

Ordered that the order entered March 15, 2018, is affirmed insofar as appealed from, with one bill of costs to Ajay General Contracting Co., Inc., payable by the appellants appearing separately and filing separate briefs.

The plaintiff fell as he was descending an extension ladder while working for a plumbing subcontractor at a house owned by the defendants Scottye Kennedy and Joanna Kennedy (hereinafter together the Kennedys). At the time of the accident, the Kennedys...

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