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VILLANUEVA v. O'MARA ORGANIZATION, INC.

161236/17. Appeal No. 15755. Case No. 2021-03066.

204 A.D.3d 557 (2022)

164 N.Y.S.3d 821

2022 NY Slip Op 02646

Pedro Villanueva, Respondent, v. The O'Mara Organization, Inc., et al., Appellants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City ( Charles T. Ruhl of counsel), for appellants.

Queller, Fisher, Washor, Fuchs & Kool and The Law office of William A. Gallina, LLP, Bronx ( David L. Engelsher of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

Plaintiff alleges that he was injured while working as a freight elevator operator for nonparty Macklowe Management, Inc. (Macklowe) at premises owned by defendant 311 West 43rd Venture (311) and managed by Macklowe. Previously, Macklowe, as 311's agent, had contracted with O'Mara to serve as the general contractor for a construction project occurring on either the tenth or eleventh...

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