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ZAYED v. NEW YORK CITY DEPT. OF DESIGN & CONSTR.

Index No. 21602/15. Appeal No. 614. Case No. 2022-01056.

219 A.D.3d 1241 (2023)

196 N.Y.S.3d 6

2023 NY Slip Op 04743

Burhan Zayed, Plaintiff, v. New York City Department of Design and Construction et al., Defendants. Schiavone Construction Co., LLC, Third-Party Plaintiff-Respondent, v. Iron Bridge Constructors, Inc., Third-Party Defendant-Appellant.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York ( Roy M. Anderson of counsel), for appellant.

Newman Myers Kreines Harris, P.C., New York ( Matthew D. Lavoie of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered February 9, 2022, which denied Iron Bridge Constructors, Inc.'s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Iron Bridge failed to sustain its prima facie burden of demonstrating entitlement to judgment as a matter of law. Plaintiff testified that he was hit by a gate that was improperly secured and blowing in the wind as he was leaving the...

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