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SOTO v. TRINITY MORRIS CORP.

300 A.D.2d 127 (2002)

751 N.Y.S.2d 477

MONSERRATE SOTO et al., Respondents, v. TRINITY MORRIS CORP., Defendant and Third-Party Plaintiff-Appellant. MARCATO ELEVATOR CO., INC., Third-Party Defendant-Respondent.

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

Decided December 17, 2002.

Defendants' motion for summary judgment dismissing the complaint was properly denied, there being issues of fact as to whether plaintiff was injured by a falling beam, as he testified at deposition; if so, whether the beam fell because the floor in the machine room was not reinforced in conformity with Administrative Code of the City of New York § 27-610 (b) or was otherwise unsafe; and, if so, whether defendants created or...

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