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PERRI v. GILBERT JOHNSON ENTERPRISES, LTD.

14 A.D.3d 681 (2005)

790 N.Y.S.2d 25

ALBERT J. PERRI, Appellant-Respondent, v. GILBERT JOHNSON ENTERPRISES, LTD., Defendant and Third-Party Plaintiff-Respondent-Appellant, and THOMAS SCHOONMAKER, Doing Business as STRUCTURAL CONCEPTS, Defendant and Third-Party Plaintiff-Respondent. RPM CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant.

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

January 31, 2005.

Ordered that the order is modified, on the law, by adding a provision thereto that, upon searching the record, summary judgment is awarded to the defendant second third-party plaintiff Gilbert Johnson Enterprises, Ltd., dismissing the plaintiff's causes of action sounding in common-law negligence and based on violation of Labor Law § 200 insofar as asserted against it; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of...

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