TYMINSKYY v. SAND MAN BUILDING MATERIALS, INC.

2016-08381. Index No. 14981/12.

168 A.D.3d 1118 (2019)

92 N.Y.S.3d 409

2019 NY Slip Op 00632

Roman Tyminskyy, Respondent, et al., Plaintiff, v. Sand Man Building Materials, Inc., et al., Defendants, and Prime Source Building Products, Inc., Appellant.

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

Decided January 30, 2019.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Prime Source Building Products, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff Roman Tyminskyy (hereinafter the plaintiff) alleges that he sustained severe personal injuries on July 24, 2009, when the rolled steel wire mesh (hereinafter the mesh) he was using to reinforce poured concrete for a sidewalk allegedly...

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