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PEREZ v. 76TH AND BROADWAY OWNER, LLC

151078/20, Appeal No. 16197, Case No. 2022-00807.

206 A.D.3d 543 (2022)

168 N.Y.S.3d 814

2022 NY Slip Op 04108

Max Perez et al., Plaintiffs, v. 76th and Broadway Owner, LLC, et al., Respondents. 76th and Broadway Owner, LLC, et al., Third-Party Plaintiffs-Respondents, v. General Glass & Metal, LLC, Third-Party Defendant-Appellant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Collins, Fitzpatrick & Schoene, LLP, White Plains ( Ralph F. Schoene of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Adam Oustatcher of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

In this personal injury action arising from a workplace accident (see generally 76th & Broadway Owner LLC v Consolidated Edison Co. of N.Y. Inc., 160 A.D.3d 447, 447 [1st Dept 2018]), Supreme Court properly struck the answer, as General Glass, "the party against whom collateral estoppel is sought to be invoked[,] ... appeared in the prior action or proceeding and has, by deliberate action, refused to defend or litigate the charge...

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