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Hyman v. Iron State Dev.

Motion, Cross-Motion for Default Judgment Against Company Denied in Personal Injury Suit

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ADDITIONAL CASES CM & Associates Construction Management, LLC, Third-Party Plaintiff, v. D and G Masonry Corp., Third-Party Defendant; 595893/2018 D and G Masonry Corp., Second Third-Party Plaintiff, v. Six Brothers Construction, LLC, Second Third-Party Defendant The following e-filed documents, listed by NYSCEF document number (Motion 001) 68, 69, 70, 7f1, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99 were read on this motion to/for SUMMARY JUDGMENT (AFTER JOINDER). DECISION ORDER ON MOTION Motion by defendant/third-party defendant/second third-party plaintiff D&G Masonry Corporation (“D&G”) and cross-motion by plaintiff Dorene Hyman (“Plaintiff”), pursuant to CPLR 3215, for respective default judgments against defendant/second third-party defendant Six Brothers Construction LLC (“Six Brothers”) are each denied, with leave to renew. BACKGROUND Plaintiff commenced the instant action on August 17, 2018. (Affirm in Supp of Motion [D&G Affirm in Supp], Ex B [Complaint].) The complaint alleges that Plaintiff was injured on June 10, 2017 when she allegedly tripped and fell on a piece of wood while on the rooftop of a building located at 215 West 29th Street, New York, New York, due to the alleged negligence of Defendants Iron State Development, 29 Park LLC, 215 West 29th Street Condominium Corporation, and CM & Associates Construction Management, LLC (“CM”). (Complaint

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