ERTL v. CIMINELLI-COWPER CO., INC.


288 A.D.2d 946 (2001)

732 N.Y.S.2d 206

DAVID ERTL et al., Respondents, v. CIMINELLI-COWPER CO., INC., et al., Appellants-Respondents, FERGUSON ELECTRIC CONSTRUCTION CO., INC., Respondent, and JOHN W. DANFORTH COMPANY, Respondent-Appellant. FERGUSON ELECTRIC CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent, v. BUFFALO WHOLESALE SUPPLY, INC., Doing Business as NIAGARA INSULATIONS, INC., Third-Party Defendant-Appellant. JOHN W. DANFORTH COMPANY, Third-Party Plaintiff-Respondent-Appellant, v. NIAGARA INSULATIONS, INC., Third-Party Defendant-Respondent, and BUFFALO WHOLESALE SUPPLY COMPANY, INC., Doing Business as NIAGARA INSULATIONS, INC., Third-Party Defendant-Appellant-Respondent. CIMINELLI-COWPER CO., INC., et al., Third-Party Plaintiffs-Appellants-Respondents, v. NIAGARA INSULATIONS, INC., Third-Party Defendant-Respondent, and BUFFALO WHOLESALE SUPPLY COMPANY, INC., Doing Business as NIAGARA INSULATIONS, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided November 9, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied those parts of the motion of defendants Ciminelli-Cowper Co., Inc. (Ciminelli-Cowper) and Millard Fillmore Suburban Hospital (Hospital) and the cross motion of defendant John W. Danforth Company (Danforth) seeking summary judgment dismissing the common-law negligence and Labor Law § 200 claims against Ciminelli-Cowper and Danforth. Those defendants failed to establish...

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