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NIEZNALSKI v. ROCKLEDGE SCAFFOLD CORP.

Index Nos. 154469/12, 595873/16, 595571/19. Appeal No. 16028. Case No. 2021-02127.

205 A.D.3d 623 (2022)

166 N.Y.S.3d 865

2022 NY Slip Op 03452

Rafal Nieznalski et al., Plaintiffs, v. Rockledge Scaffold Corp., Defendant/Third-Party Plaintiff/Second Third-Party Defendant-Respondent, et al., Defendants. Consolidated Scaffold & Bridge Corp., Third-Party Defendant/Second Third-Party Defendant-Appellant, et al., Third-Party Plaintiff, et al., Third-Party Defendant, et al., Second Third-Party Plaintiffs.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Farmingdale ( Howard B. Altman of counsel), for appellant.

Wade Clark Mulcahy LLP, New York ( Georgia G. Coats of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.

The motion court properly determined that the Board, Basonas, and Rockledge established, as a matter of law, that they were not negligent and that Consolidated was negligent. Contrary to Consolidated's contention, plaintiffs' complaint sufficiently alleged that the Board, Basonas, and Rockledge were vicariously liable for Consolidated's actions. Accordingly, summary judgment was properly granted to the Board, Basonas, and Rockledge...

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