Ortiz v 115 Kingston Ave. LLC

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Ortiz v 115 Kingston Ave. LLC 2021 NY Slip Op 33122(U) November 12, 2021 Supreme Court, Queens County Docket Number: Index No. 712223/15 Judge: Leonard Livote Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] QUEENS COUNTY CLERK 11/16/2021 11:12 AM NYSCEF DOC. NO. 480 INDEX NO. 712223/2015 RECEIVED NYSCEF: 11/16/2021 ORDER SHORT FORM ORDER SHORT FORM COUNTY COURT - QUEENS NEW STATE SUPREMEE COURT QUEENS COUNTY ATE SUPREM YORK ST NEW YORK PART 33 TERM, PART IAS TERM, Present: lAS Livote Leonard Livote Honorabl e Leonard Present: Honorable Justice Supreme Court Court Justice Supreme - -- ----- ----- --- --------- -- ---------~---x ------------------------------------------------x 712223/15 JOSE Index Index No. 712223/15 ORTIZ JOSE ORTIZ Plaintiff, Plaintiff, Motion Date: 6/1/21 Motion Date: -against -against - Seq: 10 .· LLC, AVENUE LLC, KINGST ON AVENUE 115 KINGSTON LLC BLACKSTONE CONTRA CTORS LLC BLACKS TONE CONTRACTORS CORP., UCTION CORP., and CONSTRUCTION HKS CONSTR and HKS Defendants. Defendants. FILED 11/16/2021 -----· ---------------. ---- .. ------------ --- --------x -----------------------------------------------x LLC, A VENUE LLC, 115 KINGSTON KINGST ON AVENUE Third-Party Plaintiff, Third-Party Plaintiff, COUNTY CLERK QUEENS COUNTY -against-against INC., ITION, INC., KINGS DEMOLITION, COUNTY -DEMOL KINGS COUNTY Defendant Third-Partyty Defendant Third-Par __________________ ---------~_------------------x . ---------- ----- --------- .. ----- - ----------x Plaintiff motion by Plaintiff read on this motion The following following papers below read numbered 1 - 3 below papers numbered The judgment summary judgment plaintiff summary for an Order granting the plaintiff 3212 granting C.P.L.R. 3212 pursuant to C.P.L.R. Order pursuant BLACKS TONE LLC, BLACKSTONE AVENUE LLC, as against KINGST ON AVENUE defendants, 115 KINGSTON the defendants, against the 241(6), 240(1), 241(6), Law§§ Labor Law York Labor New York CONTRACTORS SS 240(1), pursuant to New LLC., pursuant CTORS LLC., CONTRA motion by cross motion action and; the cross 200 and of action causes· of negligence causes. common law negligence and common LLC, for (a) An AVENUE LLC, KINGST ON AVENUE Defendant/Third-Party Plaintiff 115 KINGSTON Defendant/Third-Party Plaintiff judgment on summary judgment seeking summary Order 10) seeking Motion (Mot. Seq. ##10) Plaintiff' s Motion denying Plaintiff's Order denying of causes of negligence causes common-la'Y negligence New SS 241(6),240(1),200, 241(6), 240(1), 200, common-la'Y Law§§ Labor Law York Labor New York AVENUE LLC KINGST ON AVENUE Plaintiff, 115 KINGSTON action against against Defendant/Third-Party Defendant/Third-Party Plaintiff, action 3212, CPLR §S 3212, pursuant to CPLR Order pursuant on grounds of fact; (b) An Order issues of triable issues there are triable grounds there Law§S Labor Law York Labor New York Plaintiffs New granting summary judgment dismissing Plaintiff's judgment dismissing partial summary granting partial that said grounds that their entirety common-law claims in their entirety on the grounds negligence claims law negligence 200 and commonLLC AVENUE LLC KINGST ON AVENUE claims Plaintiff, 115 KINGSTON Defendant/Third-Party Plaintiff, against Defendant/Third-Party claims against Order jury; (c) An Order triable fact for a jury; are without of triable presents no issue of merit and presents without merit of favor of judgemen t in favor pursuant CPLR §S 3212, 3212, granting granting partial summary judgement partial summary pursuant to CPLR 1 1 of 7 [*FILED: 2] QUEENS COUNTY CLERK 11/16/2021 11:12 AM NYSCEF DOC. NO. 480 INDEX NO. 712223/2015 RECEIVED NYSCEF: 11/16/2021 against LLC against AVENUE LLC KINGST ON AVENUE Defendant/Third-Party Plaintiff, 115 KINGSTON Defendan t/Third-P arty Plaintiff, contractual LLC for contractual Defendant, CONTRA CTORS, LLC BLACKS TONE CONTRACTORS, Defendan t, BLACKSTONE Order (d) An Order claims; (d) contract claims; of contract indemnification breach of damages for breach and damages indemnifi cation and BLACKS TONE codefendants BLACKSTONE dismissing asserted by codefendants cross-clai ms asserted dismissin g all cross-claims KINGS COUNTY LLC and KINGS CTORS LLC CONTRACTORS CONTRACTORS COUNTY HKC CONTRA LLC, HKC CTORS LLC, CONTRA that grounds that on LLCC AVENUE LLCC DEMOLITION, grounds KINGST ON AVENUE against 115 KINGSTON DEMOLI TION, INC. against accident. alleged accident. underlying alleged the latter negligent for the underlying actively negligent not actively latter is not 'PAPERS 'PAPERS NUMBERED NUMBER ED Affidavits Notice of Motion, Affirmati on, Affidavits Motion, Affirmation, Notice of and Exhibits ............................................................................ . and Exhibits Affidavits Cross Motion, Affirmation, Affidavits Motion, Affirmation, Cross and Exhibits Exhibits ............................................................................ . and Affidavits Answering Affirmati ons, Affidavits Answerin g Affirmations, And Exhibits ........................................................................... . And Exhibits Affidavits Reply Affirmati ons, Affidavits Reply Affirmations, And Exhibits ............... ;.............................................................. And Exhibits.... 274-289 274-289 301-321 301-321 296-300, 296-300, 329-339, 329-339, 340,341340, 341342 322-327, 322-327, 343-346 343-346 Other Other ............ ............ ............ ............ .......... _................. . tion is denied and the cross-mo Upon cross-motion motion is denied papers, the motion foregoing papers, Upon the foregoing granted. granted. October 12, accident on October workplac e accident Plaintiff alleges that injured in a workplace was injured that he was Plaintiff alleges working was working Plaintiff was Demolition. Plaintiff 2015. County Demolition. Kings County working for Kings was working Plaintiff was 2015. Plaintiff Brooklyn NY. Avenue, Brooklyn Kingston Avenue, on a construct construction located at 115 Kingston that date located ion site on that on occurred. accident occurred. how the accident of how In this versions of conflicting versions three conflicting there three action, there this action, of a sign from the side of removing a sign were removing Plaintiff alleges that coworkerss were that he and his coworker Plaintiff alleges coworker cut while a coworker holding the sign, while building. ladder, holding working on a ladder, was working Plaintiff was building. Plaintiff ladder, struck the ladder, loose, it struck came loose, the sign loose sawzalL When sign came When the sign with a sawzall. loose with the sign principal of Goldenbe rg, the principal hand, Ross causing plaintiff On the other Ross Goldenberg, of other hand, plaintiff to fall. On causing was "fooling plaintiff was accident plaintiff of the accident plaintiffs "fooling time of that at the time testified that employer , testified plaintiffs employer, height, and waist height, around" standing on the sidewalk shed, at about about waist of the sidewalk bars of the bars around" by standing of the time of function at the time that work-rela ted function performin g a work-related was not performing plaintiff was that plaintiff 2 2 of 7 [*FILED: 3] QUEENS COUNTY CLERK 11/16/2021 11:12 AM NYSCEF DOC. NO. 480 INDEX NO. 712223/2015 RECEIVED NYSCEF: 11/16/2021 accident. Goldenberg testified that the plaintiff plaintiffss accident accident took took place place before before accident. Goldenberg also testified their workday Finally, at the emergency emergency room, room, plaintiff plaintiff related related that that the their workday started. started. Finally, backyard at his place place of of residence. residence. accident while he was was working working in his backyard accident occurred occurred while Summary judgment is a drastic drastic remedy remedy that should should only be employed employed when when Summary judgment there is no doubt absence of of any triable triable issues issues of of a material material fact (Kolivas there doubt as to the absence (Kolivas AD3d 493 [2nd Dept Dept 2005]). 2005]). "Issue finding, rather rather than than issue issue Kirchoff, 14 AD3d v Kirchoff, "Issue finding, If there there is any doubt doubt about about the existence existence of of a determination courts function. function. If determination is the courts material issue issue of of fact is arguable, arguable, summary summary judgment judgment triable issue of triable issue of fact, or a material Ce/ardo v Bell, Bell, 222 AD2d AD2d 547 54 7 [2d Dept Dept 1995]). "In the should should be denied" denied" ((Celardo context motion for summary summary judgment, judgment, the court court is obliged obliged to draw draw all context of of a motion reasonable reasonable inferences inferences in favor of of the non-moving non-moving party, party, and may not pass pass on issues of Lincoln Diner Diner Carp., AD2d 546 [2d Dept Dept issues of credibility" credibility" (Rizzo (Rizzp v Lincoln Corp., 215 AD2d 2005]). 2005]). party moving prim a facie facie showing showing The party moving for summary summary judgment judgment must must make make a prima of entitlement entitlement to judgment of judgment as a matter matter of of law, offering offering sufficient sufficient evidence evidence to of a triable triable issue of of fact (CPLR (CPLR Section 3212(b ); Alvarez Alvarez demonstrate demonstrate the absence absence of Section 3212(b); v Prospect Prospect Hosp., Hosp., 68 NY2d NY2d 320 [1986]; Zuckerman Zuckerman v City of ofNew New York, 49 NY2d NY2d [1980]; Megafu v. Tower Tower Ins. Co. of Mega/it v. ofNew New York, 73 A.D.3d A.D.3d 713 [2d Dept Dept 557 [1980]; 2010]). However, once the moving moving party party has satisfied satisfied this obligation, obligation, the burden burden 201 OJ). However, then party opposing opposing the motion motion must must demonstrate demonstrate by admissible admissible then shifts; shifts; "the party evidence of a factual issue requiring requiring a trial of of the action" action" evidence the existence existence of (Zuckerman New York, supra). supra). (Zuckerman v. City of of New Labor Section 240( 240( 1) provides, Labor Law Law Section provides, in pertinent pertinent part,' part, that: contractors and owners .....who "All contractors owners ..... who contract contract for but do not not direct control the work, in the but direct or control erection, of a building building or structure structure erection, demolition demolition ..... .....of shall furnish furnish or erect, erect, or cause cause to be furnished furnished or erected of such labor, labor, scaffolding, scaffolding, erected for the performance performance of hoists, stays, stays, ladders, hoists, ladders, slings, slings, hangers, hangers, blocks, blocks, pulleys, pulleys, irons, irons, ropes ropes and other other devices which devices which shall be so constructed, constructed, placed placed and operated operated as to give protection to a person person so employed." protection employed." "To recover recover on a cause cause of of action action pursuant pursuant to Labor Labor Law Law §240 9240 (I), (1), a plaintiff plaintiff "To must demonstrate demonstrate that that there there was was a violation violation of of the statute statute and that that the violation violation must was a proximate proximate caus_e caus.e of of the accident" accident" (Przyborowski (Przyborowski v A & M Cook, LLC, was LLC, 120 3 3 of 7 6~~' 6sy:01;], i=;::1;;~~';riad~1 CD., tf·, AD3d 651,653 [2014]; see Berg v Albany Ladder Co.,AM Inc., 10 10 NY3d 902 [2008]; INDEX NO. 712223/2015 [*FILED: 4] [2008]; NY3d 902 QUEENS COUNTY CLERK 11/16/2021 11:12 103d Dept 11/16/2021 [2d 1081 AD3d 50 z, Sa sco ar v Safi,50 v City AD3d 739;; Escobar AD3d Dept or , 166 ~ ew York, zty oa/New ones NYSCEF DOC.Jones NO. 480 RECEIVED NYSCEF: 2017]). In order order to establish establish a cause cause of of action action under under Labor Labor Law§ Law S 241(6), 241(6), the 2017]). Industrial Code, York State Industrial New York plaintiff allege and prove of the New violation(s) of prove violation(s) must allege plaintiff must ns as is applicable which mandates mandates compliance compliance with with concrete concrete specificatio specifications applicable to the which Hydroelectric Palmer Hydroelectric v. Curtisfacts and circumstanc circumstanceses of of the given given case (Ross v. Curtis- Palmer Moler Social aut Moler Co., 81 N.Y.2d 494[1993]; DeMattia v. Vanwesterh Vanwesterhaut Social and and Sport Sport DeMattia v. N.Y.2d 494[1993]; Law§S 200 Labor Law Club, Inc., "Cases involving involving Labor Dep't 1994]). "Cases A.D.2d 594 [2d Dep't Inc., 204 A.D.2d fall into two two broad categories: namely, namely, those those where where workers workers are injured injured as a result result broad categories: those involving work site, and those of dangerous dangerous or defective defective premises conditions at a work involving premises conditions of Puccia, 57 AD3d the manner manner in which which the the work work is performed" (Ortega v. v. Puccia, AD3d 54, 61 performed" (Ortega the defective dangerous or defective establish a dangerous must establish plaintiff must Thus, plaintiff 2008]). Thus, Dept 2008]). [2nd Dept performed to be entitled condition or negligence manner of of the work work performed entitled to negligence in the manner condition summary judgment. judgment. summary testimony is sufficient As a threshold sufficient to establish establish Goldenberg's testimony matter, Goldenberg's threshold matter, argues plaintiff However, material issues issues of of fact as to plaintiffs claims. However, plaintiff argues that that plaintiffs claims. material estoppel. collateral Goldenberg's barred by collateral estoppel. testimony is barred Goldenberg's testimony relitigating in a subsequent Collateral "precludes a party subsequent party from relitigating estoppel "precludes Collateral estoppel proceeding and prior action action or proceeding issue clearly clearly raised action or proceeding raised in a prior proceeding an issue action tribunals or not the tribunals whether or not privity, whether decided party or those those in privity, that party against that decided against N.Y.2d 494, 500). causes of of action action are the same" same" (Ryan (Ryan v. Tel. Co., 62 N.Y.2d New York Tel. v. New causes Compensation Workers' Compensation made by the Workers' The determinations made applicable to determinations doctrine is applicable The doctrine Board (see Ryan York Tel. Tel. Co., supra supra at 499). New York v. New Ryan v. Board on Board instant case, case, the New Workers Compensati Compensation Board York State Workers New York In the instant subject the of result of injury as a result found that that the plaintiff plaintiff had work-relatedd injury subject had a work-relate found that n accident. However, However, the Board determination that the injury injury arose arose make any determinatio not make Board did not accident. violated was section code breach of of the scaffold scaffold law, that industrial code section violated or that an industrial from a breach that defendant was Goldenberg's's testimony testimony is sufficient sufficient to establish establish negligent. Goldenberg was negligent. that a defendant material issues issues of of fact as to all of of these these issues. issues. material Accordingly, , there there are material material issues issues of of fact and plaintiffs plaintiffs summary summary Accordingly judgment denied. motion is denied. judgment motion AVENUE LLC KINGSTON AVENUE Defendant/Third-Party Plaintiff 115 KINGSTON LLC hird-Party Plaintiff Defendant/T judgment dismissing ("Kingston"),), cross-move cross-movess for partial partial summary summary judgment dismissing plaintiffs plaintiff s ("Kingston" Kingston is the negligence claims. New Labor Law§ Law S 200 and common-law common-law negligence claims. Kingston York Labor New York 4 4 of 7 had712223/2015 .~- ff alleges ...-r+--P-lhtt t-Ti-r:MmT owner ofrtv;:m~:th'F the property where:".,rrJl"..,11the accident occurred. Plaintiff alleges Kingston Kingston had ':":'l.lf"'...,'(" INDEX NO. ttre--rrrnn-e [*r-----mvm~m 5] FILED: QUEENS COUNTY CLERK 11/16/2021 11:12 AM there is 11/16/2021 However, con 1tion. However, s1 ewa condition. or constructive e ectlve sidewalk o a defective notice of constructive notice actua NYSCEF DOC.actual NO. 480 RECEIVED there NYSCEF: proximate cause no evidence evidence that defective sidewalk sidewalk condition condition was a proximate cause of of the that any defective accident. Accordin Accordingly, of the cross motion motion must must be granted. granted. branch of gly, this branch accident. Defendant, Kingston summary on its claims claims against against Defendant, partial summary moves for partial Kingston also moves cation and one") for contractu Blackstonee Contracto Contractors, LLC ("Blackst ("Blackstone") contractualal indemnifi indemnification rs, LLC Blackston contractual respect to the contractual With respect damages claims. With contract claims. of contract breach of damages for breach provides Blackstone provides Kingston and Blackstone between Kingston indemnification claim, The contract contract between cation claim, indemnifi reads in Kingston and reads of Kingston favor of for defense and indemnification that runs in favor indemnification that defense and pertinent follows: part as follows: pertinent part indemnify, Contractor shall indemnify, ... [t]o the permitted by law, the Contractor extent permitted fullest extent the fullest " ... defend, and hold Owner and its officers, officers, directors, directors, employee employees,s, harmless Owner hold harmless defend, ified Parties") representatives, affiliates, and agents agents ("Indemn ("Indemnified Parties") from and representatives, affiliates, of causes of expenses, fines, causes losses, expenses, against demands, losses, damages, demands, claims, damages, against all claims, reasonable attorneys' action, suits suits or other other liabilities, (including all costs costs reasonable attorneys' liabilities, (including action, punitive damages) fees, conseque consequential damages, and punitive damages),, arising arising out of of or ntial damages, performance of arise from, the performance of or arise resulting of arise out of alleged to arise resulting from, or alleged the Work Contract, whether claim, damage, damage, demand, demand, loss or whether such claim, under the Contract, Work under disease or sickness, disease injury, sickness, personal injury, expense is attributab attributablele to bodily injury, personal bodily injury, expense including the loss property, including tangible property, death, destructionn of of tangible injury to or destructio death, or to injury of use resulting extent attributab attributablele to the acts or omissions omissions therefrom to the extent resulting therefrom of responsible and; legally responsible which it is legally of the Contractor entity for which Contractor or any entity of regardless employee of of Contracto Contractorr ... ... " presented by an employee claim is presented whether the claim regardless whether because it has not premature because Blackstone summary judgment judgment is premature that summary argues that Blackstone argues been establishedd that accident is attributab attributablele to the acts or omissions omissions of of that the accident been establishe to However, le. Blackstone,e, or an entity entity for which legally responsib responsible. However, which it is legally Blackston indemnification, "the contractual indemnification, obtain "the one claim for contractual relief on a claim conditional relief obtain conditional negligence and seeking indemnity indemnity need only establish establish that that it was free from any negligence need only seeking liability" [may be] held liable solely solely by virtue virtue of of ... statutory statutory [or vicarious] vicarious] liability" held liable case, instant case, A.D.2d 60, 65). In the instant (Correia Data Mgt., 259 A.D.2d Professional Data v. Professional ( Correia v. prima facie entitleme ating its prima Kingston initial burden of demonstr demonstrating entitlementnt to burden of met its initial Kingston met against claims against indemnification claims judgment matter of contractual indemnification of law on its contractual judgmen t as a matter was free from any that it was ng that Blackstone submittingg evidence evidence establishi establishing Blackstone by submittin vicarious liability negligence only be held liable based statutory or vicarious liability as based on statutory held liable negligence and can only Blackstone has occurred. Blackstone accident occurred. the subject property where the accident property where the subject of the owner of the owner branch of this branch Accordingly, this n. Accordingly, failed to raise issue of of fact in oppositio opposition. of material issue raise a material failed 5 5 of 7 the motionCOUNTY granted.CLERK 11/16/2021 11:12 AMI INDEX NO. 712223/2015 is grru;ted. [*FILED: 6] the 111~?11 QUEENS claim contract of Kingston also summary judgment breach RECEIVED of contract claim 11/16/2021 Judgment on its breach moves for summary so moves mgston: NYSCEF DOC. NO. 480 NYSCEF: undisputed is It insurance. procure insurance. against Blackstone Blackstone for Blackstone Blackstone's's failure failure to procure undisputed against party "A insurance. obtain to that contractuallyy obligated obligated obtain insurance. "A party seeking seeking was contractuall Blackstone was that Blackstone that naming insurance procure to summary judgment based on an alleged failure procure insurance naming that alleged failure summary judgment based required provision required that a contract party additional insured insured must demonstrate that contract provision must demonstrate party as an additional provision was that such such insurance insurance be procured that the provision was not not complied complied with." with." procured and that that AD2d 738, 739 [2d Partnership, 304 AD2d (Rodriguez v. Assoc. Ltd. Partnership, Park Assoc. Baro Park Savoy Bora v. Savoy (Rodriguez Dep't. 2003]). 2003]). Dep't. policy and, on February Kingston did obtain obtain an insurance insurance policy February 24, 2016, 2016, Kingston Insurance Hawley Insurance Kingston defense to Blackstone carrier Mt. Hawley Blackstone and its carrier tendered its defense Kingston tendered Company. By By letter letter dated dated March March 1, 2016, 2016, Mt. Hawley Hawley disclaimed disclaimed coverage coverage on the Company. if the project if work or exterior grounds excluded "[a]ny "[a]ny exterior exterior work exterior project policy excluded that the policy grounds that ever work involves exterior exterior work work above above 2 stories stories or 30 feet, which which ever is project involves work or project Blackstone that Blackstone prima facie, that closer sufficient to establish, establish, prima This is sufficient ground." This closer to the ground." raise an breached contractual obligation obligation to obtain obtain insurance. insurance. Blackstone Blackstone fails to raise breached its contractual entitled to summary Kingston is entitled issue summary Accordingly, Kingston opposition. Accordingly, of fact in opposition. issue of judgment this claim. claim. judgment on this Next, Kingston moves summary judgment dismissing all cross-claim cross-claimss judgment dismissing moves for summary Next, Kingston Demolition County Demolition Kings County by Blackstone, HKS Construction ("HKS"), and Kings Constructio n Corp. ("HKS"), Blackstone, HKS tion and contribution Inc. ("KCD") ("KCD") for common-la common-laww indemnifica indemnification contribution. . In order order to not only prove not must prove party must establish a claim claim for common-law "a party indemnification, "a common-la w indemnification, establish responsible was responsible proposed indemnitor that indemnitor ... ...was that the proposed but also that negligent, but not negligent, was not that it was of any absence of accident or, in the absence for negligence negligence that contributed to the accident that contributed work giving negligence, authority to direct, direct, supervise, supervise, and control control the work giving rise had the authority negligence, had 2011]). Dep't 2011]). A.D.3d 1117 [2nd Dep't injury" (Hart (Hart v Cammack Commack Hotel, LLC, LLC, 85 A.D.3d to the injury" third-party order" '[t]o '[t]o sustain sustain a third-party cause of of action action for contribution contribution, , a third-party third-party cause In order" of defendant owed plaintiff is required required to show show that that the third-party third-party defendant owed it a duty of plaintiff was owed that a duty was reasonable independent t of of its contractual contractual obligations, obligations, or that owed reasonable care independen that duty contributed breach of to the plaintiffs plaintiffs as injured injured parties parties and that that a breach of that contributed to the N.Y.S.3d 477, A.D.3d 1016, 1017, 7 N.Y.S.3d alleged injuries'" injuries' " (Guadalupi (Guadalupi v. v. Morelli, Morelli, 127 A.D.3d alleged N.Y.S.2d 809, 913 N.Y.S.2d quoting Guerra Guerra v. v. St. Catherine Catherine of a/Sienna, A.D.3d 808, 808,809,913 Sienna, 79 A.D.3d quoting 709). that it was not actively In the instant instant case, Kingston established that actively Kingston has established negligent and and that that it may may only only be held held vicariously vicariously liable. liable. Thus, Thus, the cross-claim cross-claimss negligent must be dismissed. common-laww indemnifica indemnification contribution must dismissed. tion and contribution for common-la 6 6 of 7 [*FILED: 7] QUEENS COUNTY CLERK 11/16/2021 11:12 AM INDEX NO. 712223/2015 NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 11/16/2021 judgment is denied Accordingly, summary judgment denied and the motion for summary plaintiff's motion Accordingly, the plaintiff's cross-motionn is granted granted to the extent extent that that it is, cross-motio ORDERED, , that that plaintiff's plaintiff's New New York York Labor Labor Law Law §S 200 and common-law common-law ORDERED negligence causes of of action action are dismissed dismissed as against against defendant defendant Blackstone; Blackstone; and it negligence causes further, is further, ORDERED, , that that defendant defendant 115 Kingston Kingston Avenue Avenue LLC LLC is granted granted ORDERED conditional contractual contractual indemnifica indemnification over and above above defendant defendant Blackstone Blackstone tion over conditional Contractors LLC; LLC; and and it is further, further, Contractors ORDERED, , that that defendant defendant 115 Kingston Kingston Avenue Avenue LLC LLC is granted granted ORDERED summary judgment of contract contract for failure to obtain obtain insurance insurance claim claim breach of judgment on its breach summary against defendant defendant Blackstone Blackstone Contractors Contractors LLC; LLC; and it is further, further, against ORDERED, , that that all cross-claim cross-claimss asserted asserted by Blackstone Blackstone Contractors Contractors LLC, LLC, ORDERED Kingston HKC Contractors LLC, County Demolition, Demolition, Inc. against against 115 Kingston Kings County LLC, and Kings HKC Contractors is venue LLC Avenue LLC are dismissed dismissed on grounds grounds that that 115 Kingston Kingston A Avenue LLC not not venue LLC A actively negligent alleged accident. accident. underlying alleged negligent for the underlying actively requested is denied. Any other or further further relief specifically requested denied. relief not specifically Any other This constitutes constitutes the Order Order of of the Court. Court . This 2, 2021 Dated: November-112,2021 Dated: November FILED .. ~ 11/16/2021 COUNTY CLERK QUEENS COUNTY ') -? 7 i" 7 of 7

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