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HARRIS v. CITY OF NEW YORK

Index No. 159346/14. Appeal No. 14757. Case No. 2020-04189.

202 A.D.3d 624 (2022)

159 N.Y.S.3d 850

2022 NY Slip Op 01243

Gary Harris, Respondent, v. City of New York et al., Respondents, and Safety and Quality Plus, Inc., Defendant/Third-Party Defendant-Appellant. City of New York, Third-Party Plaintiff-Respondent.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for appellant.

The Perecman Firm, PLLC, New York ( David H. Perecman of counsel), for Gary Harris, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for The City of New York, New York City Department of Design and Construction and New York City Department of Environmental Protection, respondents.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

Contrary to plaintiff's contention, SQP is aggrieved by the order appealed from. While SQP obtained dismissal of plaintiff's complaint as against it, it did not obtain dismissal of the City's indemnity claims, which flow from the City's potential liability to plaintiff on his Labor Law § 241(6) claim. Thus, SQP has not been afforded complete relief and has the right to appeal (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d...

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