DiRIENZO v. JAMES McCULLAGH OF NEW YORK, INC.


59 A.D.3d 308 (2009)

873 N.Y.S.2d 305

MICHAEL DiRIENZO, Respondent, v. JAMES McCULLAGH OF NEW YORK, INC., et al., Appellants.

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

Decided February 24, 2009.


The denial of defendants' summary judgment motion, which was brought prior to any discovery being conducted, was appropriate. Although defendants submitted certain documents purporting to demonstrate that they were not liable under the Labor Law for plaintiff's injuries, the documents raised a number of issues of fact concerning, inter alia, the relationship among various corporate entities and those entities' presence at the subject work site. Under the circumstances, plaintiff...

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