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LEWIS v. LESTER'S OF N.Y., INC.

2019-10435. Index No. 23891/12.

205 A.D.3d 796 (2022)

165 N.Y.S.3d 870

2022 NY Slip Op 03109

Andrew Lewis, Appellant, v. Lester's of N.Y., Inc., et al., Respondents, et al., Defendants.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Subin Associates (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Michael H. Zhu , and Christopher Soverow ], of counsel), for appellant.

Eustace, Prezioso & Yapchanyk, New York, NY ( Maureen E. Peknic of counsel), for respondents Lester's of N.Y., Inc., and Lester's Girls' Shop, Inc.

Margaret G. Klein & Associates (Mauro Lilling Naparty LLP, Woodbury, NY ( Seth M. Weinberg and Jessica Smith of counsel), for respondent Continental Towers Condominium.

Cartafalsa, Turpin & Lenoff, New York, NY ( Carolyn Comparato and Renee Demott of counsel), for respondents Contower Assoc., L.P., and Intercapital Realty Corp.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On January 4, 2010, the plaintiff was working as a plumbing mechanic for nonparty Pro-Tech Plumbing and Heating Corp. at a mixed-use condominium building in Manhattan. While standing on a scaffold and attempting to fix a leaking pipe located in a ceiling of the first floor of the building, the plaintiff allegedly...

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