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TIGHE v. RAIMONDO CONSTRUCTION CO.

282 A.D.2d 523 (2001)

722 N.Y.S.2d 897

MICHAEL TIGHE, Respondent, v. RAIMONDO CONSTRUCTION CO., Respondent, and GIAQUINTO MASONRY, INC., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 9, 2001.

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

Contrary to the appellant's contentions, there is a triable issue of fact as to whether its workers were responsible for creating the concrete debris that allegedly caused the plaintiff's injuries (see, Yong Ju Kim v Herbert Constr. Co., 275 A.D.2d 709; Barnes v DeFoe/Halmar,

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