[U] Armentano V. Broadway Mall Properties

Motion (seq. no. 2) by the attorney for the plaintiff for an Order pursuant to CPLR 3212 and Labor Law 240 granting plaintiff summary judgment on the issue of liability is granted. Cross-motion (seq. no. 3) by attorney for the third-party defendant Garito Contracting Inc. ("Garito") for an Order pursuant to CPLR granting Garito summary judgment and dismissing the third-party complaint of the third-party plaintiff, Broadway Mall and General Growth Management, Inc. as against Garito in its entirety and all cross-claims is denied. Cross-motion (seq. no. 4) by the attorney for the plaintiff for an Order pursuant to CPLR 3025 granting plaintiff leave to amend the complaint to include the third-party defendants as first-party defendants in the main action is granted. Cross-motion (seq. no. 5) by the attorney for Bovis Lend Lease LMB, Inc. for an Order granting Bovis leave to serve a cross-claim against third-party defendants CCM, Inc. and Garito Contracting, Inc. is granted.