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NOEL v. 336 E 95th REALTY LLC

Index No. 156177/21, Appeal No. 2297, Case No. 2023-02980.

2024 NY Slip Op 02669

KERON NOEL, Plaintiff, v. 336 E 95th REALTY LLC, Defendant. 336 E 95th REALTY LLC, Third-Party Plaintiff-Appellant, v. CHAMPION ELEVATOR CORP., Third-Party Defendant-Respondent.

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

Decided May 14, 2024.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Ross Salvatore Friscia of counsel), for appellant.

Fullerton Beck LLP, White Plains ( Edward J. Guardaro, Jr. , of counsel), for respondent.

Before: Singh, J.P., Moulton, Mendez, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered May 22, 2023, which granted third-party defendant Champion Elevator Corp.'s motion to dismiss the third-party complaint, unanimously affirmed, without costs.

The motion court properly dismissed defendant/third-party plaintiff 336 E 9th Realty LLC's (Owner) complaint. Pursuant to Workers' Compensation Law § 11, an employer may be liable to third parties for indemnification or contribution when...

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