RUISECH v. STRUCTURE TONE INC.

159007/13, 590013/14, 590202/14, 595439/18. Appeal No. 15983. Case No. 2021-00357.

208 A.D.3d 412 (2022)

174 N.Y.S.3d 367

2022 NY Slip Op 04941

Felipe A. Ruisech et al., Respondents, v. Structure Tone Inc., Initially Sued Herein as Structure Tone Global Services, Inc., et al., Respondents-Appellants, and CBRE, Inc., Defendant/Third-Party Defendant-Appellant-Respondent. Tishman Speyer Properties, L.P., et al., Third-Party Plaintiffs-Respondents-Appellants. Structure Tone Inc., Initially Sued Herein as Structure Tone Global Services, Inc., Second Third-Party Plaintiff-Respondent-Appellant, v. A-Val Architectural Metal III, LLC, Second Third-Party Defendant/Third Third-Party Defendant-Respondent-Appellant. Tishman Speyer Properties, L.P., et al., Third Third-Party Plaintiffs-Appellants-Respondents.

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

Decided August 16, 2022.


Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for CBRE, Inc., appellant-respondent.

Barry McTiernan & Moore LLC, New York ( Steven Aripotch of counsel), for Structure Tone Global Services, Inc., respondent-appellant/appellant-respondent.

Smith Mazure PC, New York ( Louise Cherkis of counsel), for Tishman Speyer Properties, L.P., and 200 Park, LP, respondents-appellants/appellants-respondents.

Pisciotti Lallis Erdreich, White Plains ( Charu Mehta of counsel), for A-Val Architectural Metal III, LLC, respondent-appellant.

The Barnes Firm, P.C., Rochester ( Richard Amico of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.


This personal injury action stems from a construction site accident at the building owned by Park and managed by Tishman. CBRE leases several floors in the building and it entered into a contract with ST to serve as the general contractor for renovation work to be performed in its leased space on the 19th floor. ST, in turn, subcontracted with A-Val, plaintiff's employer, to perform arch metal and glass work.

Plaintiff...

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