COLELLA v. DONALDSON


261 A.D.2d 912 (1999)

690 N.Y.S.2d 385

JOHN COLELLA et al., Appellants, v. HOMER F. DONALDSON, Respondent.

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

Decided May 7, 1999.


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Defendant and John Colella (plaintiff) were installing a monorail system at the factory of plaintiff's employer, which was to furnish any necessary personnel and hoisting equipment. Plaintiff injured his back while assisting defendant in lifting one end of a beam...

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