[U] Franza V. London Terrace Gardens

Plaintiff Raymond Franza (hereafter "Franza") commenced this personal injury action alleging that he was injured on two separate occasions while working as a shop steward for third-party defendant Vanguard Construction and Development Co., Inc. (hereafter "Vanguard") on premises located at 435 West 23rd Street, New York, New York and owned by defendant/third-party plaintiff London Terrace Gardens (hereafter "London"). Franza alleges that his first accident occurred March 2, 1999 at an indoor courtyard area at the complex, when he stepped on some construction and renovation debris, slipped and fell injuring his right ankle and knee (hereafter "the first accident"). Franza alleges that his second accident occurred on April 27, 1999 in another building of the complex, when a temporary door came off its hinges and struck him in the head, causing him to fall and re-injure the same ankle and knee (hereafter "the second accident"). At the time of both accidents, Vanguard, as general contractor, was overseeing a major first-story renovation at the site, which contained multiple buildings and entrances. Various subcontractors were also present at the site, including defendants Absolute Interiors, Inc. (hereafter "Absolute"), Lido Construction Corp. (hereafter "Lido") and the "Phase One" defendants, Phase One Removals, Inc. s/h/a Phase One Demolition, and Phase One Construction Enterprises, Inc. (hereafter collectively "Phase One"). This action was commenced by the filing and service of a summons and complaint on or about January 18, 2002. Issue was joined by the service of an answer by London on or about March 18, 2002. Thereafter, the remaining defendants served their answers, and on or about July 25, 2002, London commenced a third-party action against Vanguard which the latter answered on or about July 15, 2003*fn1. On October 13, 2004, plaintiff filed his notice of issue, thereby certifying that discovery is complete and the case is ready for trial.