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O'FLAHERTY v. COLUMBO

Index No. 157250/17. Appeal No. 15277. Case No. 2021-02493.

202 A.D.3d 509 (2022)

162 N.Y.S.3d 356

2022 NY Slip Op 00945

Brian O'Flaherty, Plaintiff, v. Joseph Columbo et al., Defendants. TJM Construction, Third-Party Plaintiff-Respondent-Appellant/Second Third-Party Defendant-Respondent-Appellant, v. Jackson Installation, LLC, Third-Party Defendant-Appellant-Respondent/Second Third-Party Defendant-Appellant-Respondent. Planet 550 Corp. et al., Second Third-Party Plaintiffs.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Gannon Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for appellant-respondent.

Gartner + Bloom P.C., New York ( Justin A. Domenech of counsel), for respondent-appellant.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Plaintiff alleges that he sustained severe, permanent injuries while working at a construction site when the two individual defendants, employees of defendant Burgess, assaulted him. Plaintiff commenced this action against numerous defendants, including the owner of the site and a subcontractor, TJM Construction, which then commenced third-party actions against plaintiff's employer, Jackson Installation. Jackson Installation moved...

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