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THOMPSON v. MID-WEST-CHESTER CONSTRUCTION GROUP, INC.

290 A.D.2d 341 (2002)

736 N.Y.S.2d 225

HAROLD THOMPSON et al., Respondents, v. MID-WEST-CHESTER CONSTRUCTION GROUP, INC., Appellant and Third-Party Plaintiff-Appellant, and ANDREW CAMPOS, Respondent. ANDREW CAMPOS et al., Third-Party Defendants-Respondents.

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

Decided January 24, 2002.

The Supreme Court erred in granting summary judgment in favor of plaintiffs and Campos as material issues of fact exist, inter alia, regarding the proximate cause of plaintiff Harold Thompson's injury (see, CPLR 3212) and whether, Campos, as contract vendee, acted as an agent of the general contractor and owner Mid-Westchester (see, Mordkofsky v V.C.V. Dev. Corp., 76 N.Y.2d 573

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