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PETERSEN v. FOREST CITY RATNER COS., LLC

2018-09632. Index No. 20679/12.

203 A.D.3d 1091 (2022)

166 N.Y.S.3d 201

2022 NY Slip Op 02032

Scott Petersen et al., Appellants, v. Forest City Ratner Companies, LLC, et al., Defendants, and Drywall & Acoustics of Northeast, Inc., Respondent.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

The Toner Law Group, PLLC, New York, NY ( Stephen B. Toner , Josh H. Kardisch , and Sullivan, Papain, Block, McGrath Coffinas & Cannavo P.C. [ Brian Shoot ], of counsel), for appellants.

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Steven D. Zecca of counsel), for respondent.

Iannacci, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff Scott Petersen was employed as a job-site superintendent by nonparty E.C. Provini Co., Inc. (hereinafter Provini), which, in 2012, served as the general contractor on a project to build retail space at a shopping mall. In connection with that project, Provini subcontracted with the defendant Drywall & Acoustics of Northeast, Inc...

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