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MIRAGLIA v. H & L HOLDING CORP.

36 A.D.3d 456 (2007)

828 N.Y.S.2d 329

FRANK MIRAGLIA, Respondent, v. H & L HOLDING CORP., Defendant and Third-Party Plaintiff. LANE & SONS CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided January 9, 2007.

This Court's affirmance of an order denying plaintiff's motion for partial summary judgment did not preclude the trial court from directing a verdict in plaintiff's favor (see Sorrentino v Ronbet Co., 244 A.D.2d 262 [1997]). Plaintiff's employer's trial testimony that workers were permitted to walk on planks across a trench at the work site, provided they doubled the planks, negated the...

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