CARACCIOLO v. SHS RALPH, LLC

2021-02214, Index No. 512132/16.

2024 NY Slip Op 02037

RICHARD CARACCIOLO, Plaintiff, v. SHS RALPH, LLC, Defendant Third-Party Plaintiff-Appellant, ET AL., Defendants; THYSSENKRUPP ELEVATOR CORPORATION, Third-Party Defendant-Respondent.

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

Decided April 17, 2024.


Attorney(s) appearing for the Case

Smith Mazure, P.C., New York, NY ( Howard K. Fishman and Joel M. Simon of counsel), for defendant third-party plaintiff-appellant.

Kaufman Dolowich Voluck, LLP, White Plains, NY ( Melissa Cartaya , Matthew C. Mann , Bruce M. Young , Michael V. DeSantis , and Jorja Carr of counsel), for third-party defendant-respondent.

Before: Mark C. Dillon, J.P., Linda Christopher, Lara J. Genovesi, Barry E. Warhit, JJ.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated December 17, 2020. The order, insofar as appealed from, denied that branch of the defendant third-party plaintiff's motion which was for leave to renew that branch of its prior cross-motion which was for summary judgment on the third-party cause of action for contractual...

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