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LAZAROU v. TURNER CONSTRUCTION CO.

18 A.D.3d 398 (2005)

795 N.Y.S.2d 573

JAMES LAZAROU, Respondent-Appellant, v. TURNER CONSTRUCTION Co., Appellant-Respondent, and GLENMAN CONSTRUCTION CORPORATION, Respondent and Third-Party Plaintiff-Respondent. JAMES LAZAROU PAINTING, Third-Party Defendant-Respondent.

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

May 31, 2005.

The court properly found that questions of fact exist precluding the grant of summary judgment to plaintiff on his Labor Law § 240 (1) claim against defendant contractor Glenman Construction (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 293 [2003]). With respect to defendant construction manager Turner, however, summary judgment should have been granted dismissing that claim, and indeed the balance of the...

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