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Guinter v. I. Park Lake Success

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 5, 2009

JOHN GUINTER, PLAINTIFF,
v.
I. PARK LAKE SUCCESS, LLC, ET AL., DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS, RIVCO CONSTRUCTION CORP. THIRD-PARTY DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Debra A. James, J.), entered on or about June 16, 2009, which, to the extent appealed from, granted third-party defendant's motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Renwick, DeGrasse, Richter, JJ.

108493/06

Given that third-party plaintiff Ball, as contractor, retained authority over the work site and actually performed the cleanup and maintenance, third-party defendant subcontractor owed it no duty to maintain the site (Lopez v Consolidated Edison Co. of N.Y., 40 NY2d 605 [1976]). While the subcontractor was liable to indemnify for injury resulting from its own acts or omissions, it was not liable, as a matter of law, for injury manifestly caused by the contractor's maintenance of a debris pile.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091105

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