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RUBIO v. EZRA COHEN CORP.

Index Nos. 158029/15, 5952019/17, 595562/19. Appeal No. 15994. Case No. 2021-01569.

205 A.D.3d 596 (2022)

166 N.Y.S.3d 855

2022 NY Slip Op 03355

Arnaldo Rubio, Respondent, v. Ezra Cohen Corp. et al., Appellants, et al., Defendant. Ezra Cohen Corp. et al., Third-Party Plaintiffs-Appellants, v. Jones Lang LaSalle et al., Third-Party Defendants-Respondents. Jones Lang LaSalle Americas, Inc., Second Third-Party Plaintiff-Respondent. v. CGNY Renovations, Inc., Second Third-Party Defendant-Respondent.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for appellants.

McGaw & Alventosa, Jericho ( Ross P. Masler of counsel), for Jones Lang LaSalle Americas, Inc., respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Defendant established its entitlement to conditional summary judgment on its contractual indemnification claim against JLL pending a determination that JLL was negligent in maintaining and repairing the sidewalk on which plaintiff was allegedly injured (see Pelote v Berean Apts. Hous. Dev. Fund Co., Inc., 188 A.D.3d 467 [1st Dept 2020]; Rivera v Urban Health Plan, Inc., 9 A.D.3d 322 [1st...

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