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PETERSEN v. FOREST CITY RATNER COS., LLC

2019-06973. Index No. 20679/12.

203 A.D.3d 1093 (2022)

162 N.Y.S.3d 785

2022 NY Slip Op 02033

Scott Petersen et al., Appellants, v. Forest City Ratner Companies, LLC, et al., Respondents, et al., Defendants.

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 & Cannavo P.C. [ Brian J. Shoot ], of counsel), for appellants.

Fabiani Cohen & Hall, LLP, New York, NY ( John V. Fabiani, Jr. , and Seth H. Cohn of counsel), for respondents Forest City Ratner Companies, LLC, Express LLC, and FC Yonkers Associates, LLC.

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Nicholas M. Vevante of counsel), for defendant Drywall & Acoustics of Northeast, Inc.

Correia, King, Fodera, McGinnis & Liferiedge, New York, NY ( Kevin J. McGinnis of counsel), for respondent Academy Glass, Inc.

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

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff Scott Petersen, employed as a job-site superintendent by the general contractor on a construction project, allegedly was injured when a temporary barricade fell over on top of him. Petersen, and his wife suing derivatively, commenced this action, inter alia, alleging a violation of Labor Law § 240 against, among others...

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