OCHOA v. 3475 THIRD AVE. HOUS. DEV. FUND CORP.

Index No. 31545/19E. Appeal No. 15372. Case No. 2021-03829.

202 A.D.3d 629 (2022)

159 N.Y.S.3d 847

2022 NY Slip Op 01248

Julio Ochoa, Appellant, v. 3475 Third Avenue Housing Development Fund Corporation et al., Defendants, and Alegria Operating LLC et al., Respondents.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Salerno & Goldberg, P.C., Deer Park ( Allen Goldberg of counsel), for appellant.

James Sawyer , Jericho, for respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.


The Alegria defendants established their prima facie entitlement to summary judgment by proffering an affidavit by a member of a codefendant, stating that the premises were owned by entities other than the Alegria defendants, and that one of those entities, not the Alegria defendants, had contracted for the construction work in which plaintiff was engaged at the time of his accident. The Alegria defendants also submitted an affidavit by their principal, as well as the lease...

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