| Justyk v Treibacher Schleifmittel Corp. |
| 2004 NYSlipOp 03501 |
| Decided on April 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 30, 2004
MOTION NO. (236/04) CA 03-00840.
[*1]JOHN JUSTYK, PLAINTIFF-RESPONDENT,
v
TREIBACHER SCHLEIFMITTEL CORP., DEFENDANT-APPELLANT, ET AL., DEFENDANT. TREIBACHER SCHLEIFMITTEL CORP., THIRD-PARTY PLAINTIFF, MODERN MANAGEMENT GROUP, INC., AND MODERN ENVIRONMENTAL SERVICE CORP., THIRD-PARTY DEFENDANTS-APPELLANTS.
Motion for reargument granted and, upon reargument, the memorandum and order entered February 11, 2004 is amended by deleting the fourth last sentence and substituting the following sentence: "The record establishes that the outline of the tin-covered hole was visible from the interior of the building" and deleting from the penultimate sentence "defendant's cross motion" and substituting "the cross motion of Treibacher Schleifmittel Corp. (defendant)."
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ. (Filed Apr. 30, 2004.)