MENTESANA v. BERNARD JANOWITZ CONSTRUCTION CORP.


44 A.D.3d 721 (2007)

843 N.Y.S.2d 386

ANTHONY MENTESANA, Appellant, v. BERNARD JANOWITZ CONSTRUCTION CORP. et al., Defendants, and BEAUCE ATLAS, INC., Respondent. (And Third-Party Actions.)

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

Decided October 9, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, in effect, upon reargument, that branch of motion of the defendant Beauce Atlas, Inc., which was for summary judgment dismissing the Labor Law § 240 (1) cause of action insofar as asserted against it is denied.

The plaintiff allegedly was injured while on a flatbed truck as he looked for certain pieces of steel on the truck which...

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