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HALVORSEN v. BAYBRENT CONSTRUCTION CORP.

33 A.D.3d 862 (2006)

827 N.Y.S.2d 61

KENNETH HALVORSEN, Appellant, v. BAYBRENT CONSTRUCTION CORP. et al., Respondents, and WALDBAUMS, Also Known as WALDBAUM, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. C. RAIMONDO & SONS CONSTRUCTION CO., INC., Third-Party Defendant-Respondent.

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

Decided October 24, 2006.

Ordered that the order dated October 26, 2004, is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendants Baybrent Construction Corp. and Baybrent Tile Corp. which was for summary judgment dismissing the cause of action to recover damages based on common-law negligence insofar as asserted against them and substituting therefor a provision denying that branch of the motion...

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