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CARLOS v. TOUGHER INDUS.

243 A.D.2d 435 (1997)

665 N.Y.S.2d 276

Albert Carlos et al., Respondents, v. Tougher Industries, Defendant and Third-Party Plaintiff-Respondent. Poughkeepsie Hotel Association, Third-Party Defendant-Appellant

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

October 6, 1997

Ordered that the order is affirmed, with costs.

Since questions of fact exist regarding whether the third-party defendant breached its duty to the injured plaintiff Albert Carlos to provide adequate training and supervision to perform the work which caused Mr. Carlos' injuries, summary judgment was properly denied (cf., Cummings v Ards Realty Corp., 154 A.D.2d 321; Dupper v Conrail, 120 A.D...

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