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CARAS v. GEORGE COMFORT & SONS, INC.

Index No. 152645/15, Appeal No. 2238-2239, Case Nos. 2023-05405, 2023-06799.

2024 NY Slip Op 02585

KEITH CARAS, Plaintiff, v. GEORGE COMFORT & SONS, INC., ET AL., Defendants. GEORGE COMFORT & SONS, INC., ET AL., Third-Party Plaintiffs-Appellants,

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, New York ( Christopher E. Ruggiero of counsel), for appellants.

London Fischer LLP, New York ( James Walsh of counsel), for respondent.

Before: Kern, J.P., Oing, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Nicholas W. Moyne, J.), entered October 30, 2023, which, insofar as appealed from as limited by the briefs, granted third-party defendant's motion to dismiss third-party plaintiffs' claim for contractual indemnification against it, unanimously affirmed, without costs.

Plaintiff allegedly sustained injuries on October 22, 2012, when he stepped into a lift and slipped on debris. The court properly dismissed third-party plaintiffs...

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