SPORTIELLO v. CITY OF NEW YORK


6 A.D.3d 421 (2004)

774 N.Y.S.2d 353

PETER SPORTIELLO et al., Appellants, v. CITY OF NEW YORK et al., Respondents, and FOUNDATION CONSTRUCTION CONSULTANTS, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. WEST CONSTRUCTION CORPORATION, Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

April 5, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion and the cross motions which were for summary judgment dismissing the causes of action to recover damages under Labor Law § 200 and for common-law negligence are denied as premature, with leave to renew at the conclusion of discovery, and those causes of action are reinstated.

Contrary to the respondents' contention, the fact that the dangerous condition...

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