Anteri v. NRS Const. Corp.
| Decision Date | 18 February 1986 |
| Citation | 117 A.D.2d 696,498 N.Y.S.2d 435 |
| Parties | Vito ANTERI, Plaintiff, v. NRS CONSTRUCTION CORP., Defendant Third-Party Plaintiff, et al., Defendants; M & C Lazzinnaro Construction Corp., Third-Party Defendant and Fourth-Party Plaintiff-Appellant, Castro-Blanco, et al., Fourth-Party Defendants-Respondents (and a Fifth-Party action). |
| Court | New York Supreme Court — Appellate Division |
Page 435
v.
NRS CONSTRUCTION CORP., Defendant Third-Party Plaintiff, et
al., Defendants;
M & C Lazzinnaro Construction Corp., Third-Party Defendant
and Fourth-Party Plaintiff-Appellant,
Castro-Blanco, et al., Fourth-Party Defendants-Respondents
(and a Fifth-Party action).
Second Department.
Page 436
John J. Wrenn, New York City, (Joanne Redden, of counsel), for third-party defendant and fourth-party plaintiff-appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Douglas L. Pintauro, of counsel), for fourth-party defendant-respondent Castro-Blanco, Piscioneri & Feder.
Morris, Graham, Stephens & McMorrow, Westbury (Mario A. Fristachi, of counsel), for fourth-party defendant-respondent Ewell W. Finley, P.C.
Before MOLLEN, P.J., and MANGANO, LAWRENCE and KOOPER, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, M & C Lazzinnaro Construction Corp. appeals from so much of an order of the Supreme Court, Queens County (Kassoff, J.), dated June 26, 1984, as dismissed its fourth party complaint pursuant to CPLR 3124 and 3126.
Order affirmed insofar as appealed from, with one bill of costs.
The instant actions arise out of an incident which occurred on April 3, 1979, when the plaintiff, an employee of M & C Lazzinnaro Construction Corp. (M & C), a subcontractor, fell through the floor of a building which was undergoing renovations. The plaintiff subsequently commenced an action against the general contractor of the construction site, as well as the owner of the premises, seeking to recover damages for personal injuries sustained in the 1979 accident. Thereafter, the general contractor instituted a third-party action for indemnification and contribution against M & C. M & C, in turn, commenced a fourth-party action for indemnification and contribution against the renovated building's architect, Castro-Blanco, Piscioneri & Feder (Castro-Blanco) and the structural engineer, Ewell W. Finley, P.C. (Finley).
In September 1981 Special Term scheduled the deposition of all the parties in the aforesaid actions. At its court-ordered deposition, M & C initially produced an employee who was not present on the day of plaintiff's accident and who was not knowledgeable as to the circumstances of the accident. In response thereto, the fourth-party defendants Castro-Blanco and Finley obtained an order dated June 29, 1982...
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