LUIS HERNANDEZ v. CITY OF NEW YORK


35 A.D.3d 812 (2006)

826 N.Y.S.2d 441

JOSE LUIS HERNANDEZ, Plaintiff, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. URS CORPORATION GROUP CONSULTANTS, INC., et al., Third-Party Defendants-Respondents; TRI-STATE DISMANTLING CORP., Third-Party Defendants-Appellant. (And Other Titles.)

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

Decided December 26, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contentions of the third-party defendant Tri-State Dismantling Corp. (hereinafter Tri-State), the Supreme Court properly denied its motion for summary judgment. In response to Tri-State's prima facie showing that it was not present at the work site on the date of the plaintiff's accident, the defendant third-party plaintiff City of New York presented, inter alia, a daily field...

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