Alesi v Underforming & Found. Constr., Inc. (2006 NY Slip Op 00136)

Alesi v Underforming & Found. Constr., Inc.

2006 NY Slip Op 00136 [25 AD3d 528]

January 10, 2006

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 22, 2006

Victor Alesi, Respondent, et al., Plaintiff,
v
Underforming and Foundation Construction, Inc., Appellant.

—[*1]In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), dated December 14, 2004, as denied those branches of its motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact requiring the denial of those branches of the appellant's motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence. Cozier, J.P., Goldstein, Fisher and Dillon, JJ., concur.