DIVINCENZO v. TRIPART DEVELOPMENT, INC.


272 A.D.2d 904 (2000)

709 N.Y.S.2d 271

JOSEPH A. DIVINCENZO et al., Respondents, v. TRIPART DEVELOPMENT, INC., Defendant, and SILTONE BUILDING COMPANY, INC., et al., Appellants-Respondents. SILTONE BUILDING COMPANY, INC., Third-Party Plaintiff-Respondent, v. DANIEL REIMHERR, Individually and Doing Business as DOCTOR CARPENTRY, Third-Party Defendant-Appellant. DANIEL REIMHERR, Appellant-Respondent, v. SILTONE BUILDING COMPANY, INC., Respondent-Appellant, et al., Defendant.

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

Decided May 10, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted that part of plaintiffs' motion seeking partial summary judgment on the issue of liability under Labor Law § 240 (1) against defendants, Tripart Development, Inc. (Tripart), Siltone Building Company, Inc. (Siltone) and Daniel Reimherr, individually and doing business as Doctor Carpentry.

On September 28, 1995, Reimherr and Joseph A. DiVincenzo (plaintiff) were...

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