GALENO v. EVEREST SCAFFOLDING, INC.

Index No. 23226/13E. Appeal No. 15231-15231A. Case Nos. 2021-00739, 2021-00743.

202 A.D.3d 433 (2022)

2022 NY Slip Op 00720

Fidel Galeno, Respondent, v. Everest Scaffolding, Inc., Defendant/Third-Party Plaintiff-Respondent-Appellant, and Elk Realty Company, et al., Appellants-Respondents, et al., Defendant. Schnelbacher-Sendon Group, LLC, Third-Party Defendant/Second Third-Party Plaintiff/Third Third-Party Defendant-Respondent. Ramon Construction Corporation, Second Third-Party Defendant/Fourth Third-Party Defendant-Respondent. Elk Realty Company et al., Third Third-Party Plaintiffs-Appellants-Respondents. Elk Realty Company et al., Fourth Third-Party Plaintiffs-Appellants-Respondents.

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

Decided February 3, 2022.


Attorney(s) appearing for the Case

Brody, O'Connor & O'Connor, New York ( Scott A. Brody of counsel), for appellants-respondents.

Fuchs Rosenzweig PLLC, New York ( Cheryl Fuchs of counsel), for respondent-appellant.

Ginarte Gallardo Gonzalez & Winograd, LLP, New York ( Joel Celso , of counsel), for Fidel Galeno, respondent.

Landman Corsi Ballaine & Ford, P.C., New York ( Andrew P. Keaveney , of counsel), for Schnelbacher-Sendon Group, LLC, respondent.

Barry McTiernan & Moore LLC, New York ( Laurel A. Wedinger of counsel), for Ramon Construction Corporation, respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.


Plaintiff Fidel Galeno commenced this action alleging common law negligence and violations of Labor Law §§ 200, 240 (1), and 241(6), seeking to recover for personal injuries he allegedly sustained in December 2012, when he fell through the roof of a sidewalk shed to the ground below while engaged in façade repair of a building owned by defendant Elk 22 Realty LLC* Elk 22 Realty net leased...

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