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HODZIC v. M. CARY, INC.

2018-07256. Index No. 5480/12.

202 A.D.3d 1063 (2022)

159 N.Y.S.3d 882

2022 NY Slip Op 01149

Nifa Hodzic, Appellant, v. M. Cary, Inc., et al., Respondents, et al., Defendant.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Katz & Kern, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for appellant.

Nicoletti Gonson Spinner Ryan Gulino Pinter LLP (Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY [ Robert M. Ortiz and Christopher Simone ], of counsel), for respondent M. Cary, Inc.

Morris Duffy Alonso & Faley, New York, NY ( Iryna S. Krauchanka , Kevin G. Faley , and Robert Whitbeck of counsel), for respondent Dimensional Drywall & Acoustics, LLC.

Baxter Smith & Shapiro, P.C., Hicksville, NY ( Harold A. Campbell of counsel), for defendant Quality Craft Marble & Tile Stone, Inc.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents.

The defendant M. Cary, Inc. (hereinafter the general contractor), was hired as general contractor for a renovation project at a bank. The renovations included raising the floor adjacent to the bank's printer room. The general contractor hired the defendant Dimensional Drywall & Acoustics, LLC (hereinafter the subcontractor), to perform that work. The plans...

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