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RIBADENEYRA v. THE GAP, INC.

287 A.D.2d 362 (2001)

731 N.Y.S.2d 441

DANIEL RIBADENEYRA, Plaintiff, v. THE GAP, INC., Respondent, and FISHER DEVELOPMENT, INC., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided October 23, 2001.

FDI's new evidence that the construction plans did not call for a catwalk does not raise an issue of fact as to whether plaintiff's claim arises out of or is in any way connected with "the Work" called for under FDI's contract with The Gap. The essence of plaintiff's claim is not that defendants were negligent in failing to provide him with a catwalk in the routine maintenance work he was performing on The Gap's heating, ventilation and air conditioning units, but that there...

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