Gerrish v. 56 Leonard LLC

Sweeny, J.P.,

dissents in a memorandum as follows: I dissent. The motion court correctly decided the motions to dismiss.

Defendants 56 Leonard LLC (56 Leonard) and Lend Lease *516(US) Construction LMB Inc. (Lend Lease), the only defendants that are parties to this appeal, were the property owner and construction manager, respectively, of a construction project located in Manhattan. Lend Lease subcontracted with defendant Collavino Structures, LLC (Collavino) as the superstructure concrete contractor. Collavino in turn subcontracted with plaintiffs employer, nonparty Navillus Tile, Inc. (Navillus),…