MALAN v. FSJ REALTY GROUP II LLC

Index No. 26484/15 Appeal No. 17346-17347 Case Nos. 2021-04057, 2022-01492.

213 A.D.3d 541 (2023)

185 N.Y.S.3d 5

2023 NY Slip Op 00939

Manuel Malan, Appellant-Respondent, v. FSJ Realty Group II LLC et al., Respondents/Third-Party Plaintiffs-Respondents, and S&S Concrete Pumping Corporation, Respondent-Appellant/Respondent-Appellant/Third-Party Defendant-Respondent-Appellant, et al., Defendant.

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

Decided February 16, 2023.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for appellant-respondent.

Goetz Schenker Blee & Wiederhorn LLP, New York ( Lisa De Lindsay of counsel), for respondent-appellant.

Smith Mazure, P.C., New York ( Louise M. Cherkis of counsel), for respondents.

Concur—Renwick, J.P., Oing, Mendez, Rodriguez, Pitt-Burke, JJ.


Judgment, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 15, 2022, dismissing the amended complaint and all cross claims as against defendants FSJ Realty Group 11 LLC (FSJ) and Vartel NY Construction Corp.'s (Vartel), and bringing up for review an order, same court and Justice, entered on or about October 13, 2021, which granted FSJ's and Vartel's cross motion for summary judgment dismissing the amended complaint...

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