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RIVERA v. COLUMBIA HICKS ASSOC. LLC

Index No. 300155/19E. Appeal No. 15498. Case No. 2021-00724.

203 A.D.3d 524 (2022)

161 N.Y.S.3d 773

2022 NY Slip Op 01752

Andres Rivera, Plaintiff, v. Columbia Hicks Associates LLC et al., Defendants. Columbia Hicks Associates LLC, Third-Party Plaintiff-Respondent, v. SDS Columbia LLC et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Eliot M. Schuman of counsel), for appellants.

Baker Greenspan & Bernstein, Bellmore ( Robert L. Berstein, Jr. , of counsel), for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

Hicks having been granted conditional summary judgment on its contractual indemnification claim against SDS and Greco at an earlier stage of this action, the law of the case doctrine bars SDS and Greco from seeking to dismiss the claim (Aspen Specialty Ins. Co. v RLI Ins. Co., Inc., 194 A.D.3d 206, 212 [1st Dept 2021]). In granting Hicks's motion conditioned upon plaintiff construction worker's prevailing against it, Supreme...

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