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MANDELOS v. KARAVASIDIS

86 N.Y.2d 767 (1995)

655 N.E.2d 174

631 N.Y.S.2d 133

John Mandelos, Appellant, v. Kouzinia Karavasidis, Defendant and Third-Party Plaintiff-Respondent. John Chimney Construction, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Eisenberg, Margolis & Friedman, New York City (Mitchell R. Friedman of counsel), for appellant.

John P. Coogan, Garden City, for defendant and third-party plaintiff-respondent.

Furey, Furey, Lapping, DeMaria & Petrozzo, P. C., Hempstead (James M. Furey of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying summary judgment to defendant as to the Labor Law § 240 (1) and § 241 causes of action and, as so modified, affirmed.

The lower courts should not have granted summary judgment, sua sponte on searching the record, to defendant because material issues of fact exist as to whether the subject properties qualified...

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