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PUBLIC ADM'R OF QUEENS COUNTY v. 124 RIDGE LLC

Index No. 156446/15. Appeal No. 15472. Case No. 2020-02754.

203 A.D.3d 493 (2022)

165 N.Y.S.3d 36

2022 NY Slip Op 01522

Public Administrator of Queens County, as Administrator of the Estate of Claudio Fernando Patino, Deceased, Respondent-Appellant, v. 124 Ridge LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. Casur Maintenance & Management, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., West Seneca ( Bryan R. Forbes of counsel), for appellant-respondent.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for Public Administrator of Queens County, respondent-appellant.

Zetlin & DeChiara LLP, New York ( James H. Rowland of counsel), for 124 Ridge LLC, respondent-appellant.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

The decedent Claudio Patino, a Casur employee, was performing renovation work when he fell from an extension ladder. There were no witnesses to the accident. The complaint alleged violations of Labor Law §§ 240(1) and 241(6). 124 Ridge commenced the third-party action against Casur, including claims for contribution, common-law indemnification, contractual indemnification, and breach of contract for failure to procure insurance.

Casur and 124 Ridge established...

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