John Kosta, as Administrator of the Estates of Gennaro Montello and Another, Deceased, Appellant, et al., Plaintiffs,
v.
WDF, Inc., et al., Defendants, and
Serpentix Conveyor Corporation, Respondent. (And Third-Party Actions.)
Appellate Division of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
Decided April 20, 2022.
Decided April 20, 2022.
Attorney(s) appearing for the Case
Kramer, Dillof, Livingston & Moore, New York, NY ( Matthew Gaier and Pani Vo of counsel), for appellant.
Braff, Harris, Sukoneck & Maloof, New York, NY ( Annie Cha of counsel), for respondent.
Lewis Brisbois Bisgaard & Smith LLP (Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success, NY [ Christopher Simone and Jeremy S. Rosof ], of counsel), for defendant WDF, Inc.
Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Kevin J. Murtagh of counsel), for defendants Shaw Environmental & Infrastructure Engineering of New York, P.C., and Stone & Webster a Shaw Group Company.
Nicoletti Gonson Spinner Ryan Gulino Pinter LLP, New York, NY ( Kevin M. Ryan of counsel), for defendant J. Blanco Associates, Inc.
Kowalski & DeVito (McGaw Alvenstosa & Zajac, Jericho, NY [ Andrew Zajac ], of counsel), for defendant Bidwell Environmental, LLC.
Milber Makris Plousadis & Seiden, Woodbury, NY ( Thomas M. Fleming II of counsel), for defendant Chu & Gassman Consulting Engineers, P.C.
Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY ( Lisa M. Rolle and Vito John Marzano of counsel), for defendant Pro Safety Services, LLC.
Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Serpentix Conveyor Corporation (hereinafter Serpentix) manufactured three conveyor machines which were to be placed in a New York City Department of Environmental Protection (hereinafter the DEP) facility. That facility was undergoing a renovation project which was being performed by the defendant WDF, Inc. (hereinafter WDF), as the general contractor, and various subcontractors...
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