McCATTY v. CREATIONS ASSOCIATES


260 A.D.2d 315 (1999)

689 N.Y.S.2d 78

GLENDON McCATTY et al., Appellants, v. CREATIONS ASSOCIATES, Respondent. (And a Third-Party Action.)

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

Decided April 29, 1999.


The affidavit and deposition testimony that plaintiff submitted in support of the motion, which assert that he was injured by bricks that fell from the wall of an existing structure, or an opening therein, as he was cleaning out concrete on the ground floor, failed to establish a prima facie right to judgment as a matter of law under either Labor Law § 240 (1) (see, Misseritti v Mark IV Constr. Co., 86 N.Y.2d 487, 490-491; ...

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