SOLANO v. SKANSKA USA CIVIL NORTHEAST INC.

3556, 24098/13, 84008/14.

148 A.D.3d 619 (2017)

2017 NY Slip Op 02388

50 N.Y.S.3d 360

MARK A. SOLANO et al., Respondents, v. SKANSKA USA CIVIL NORTHEAST INC. et al., Defendants, and DURR MECHANICAL CONSTRUCTION, INC., Also Known as DMC and Others, et al., Appellants. (And a Third-Party Action.)

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

Decided March 28, 2017.


Plaintiff Mark Solano was injured when, while working on the roof of a water treatment plant, he tripped and fell on two metal pipes protruding from the surface of the roof as he was stepping back to close the lid of a gang box.

Because discovery has not been completed, and depositions have yet to be taken, Durr's motion, to the extent it sought dismissal of the common-law negligence and Labor Law § 200 claims, was properly denied as premature (CPLR 3212 [f]...

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