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RODRIGUEZ v. WATERFRONT PLAZA, LLC

2019-09662. Index No. 513780/16.

207 A.D.3d 489 (2022)

172 N.Y.S.3d 38

2022 NY Slip Op 04316

Deivy Leon Rodriguez, Respondent, v. Waterfront Plaza, LLC, Appellant-Respondent, and ZNKO Construction, Inc., Respondent-Appellant. (And Third-Party Actions.)

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

Decided July 6, 2022.

Attorney(s) appearing for the Case

Clark & Fox, New York, NY ( Megan K. Foster and Dennis Monaco of counsel), for appellant-respondent.

Fullerton Beck LLP, White Plains, NY ( Edward J. Guardaro, Jr. , of counsel), for respondent-appellant.

Wingate, Russotti, Shapiro & Halperin, LLP, New York, NY ( David M. Schwarz of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff and the defendant ZNKO Construction, Inc.

The plaintiff was employed as a laborer by nonparty Jara Services, LLC, which was hired in connection with a construction project on real property owned by the defendant Waterfront

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