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KELLER v. RIPPOWAM CISQUA SCHOOL

2020-01965. Index No. 66626/16.

208 A.D.3d 654 (2022)

174 N.Y.S.3d 79

2022 NY Slip Op 04959

Robert Keller, Plaintiff, v. Rippowam Cisqua School et al., Defendants/Third-Party Plaintiffs-Respondents. Kane Contracting, Inc., Third-Party Defendant-Appellant.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY ( Kristen A. Carroll and Nicholas Hurzeler of counsel), for third-party defendant-appellant.

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Elmsford, NY ( Lynn Abelson Liebman , David Gorelick , and Gabriella Manganiello of counsel), for defendants third-party plaintiffs-respondents.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In August 2016, the plaintiff, while employed by nonparty Specialty Trades Contracting, LLC, fell from a ladder while working at a job site at the premises of the defendant/third-party plaintiff Rippowam Cisqua School (hereinafter RCS). Portions of the premises were undergoing renovations and demolition at the time of the accident. The defendant/third-party plaintiff Consigli Construction Co...

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