LOMBARDO v. MASTEC NORTH AMERICA, INC.

2009-03210

68 A.D.3d 935 (2009)

2009 NY Slip Op 9435

893 N.Y.S.2d 78

SANTO LOMBARDO et al., Respondents, v. MASTEC NORTH AMERICA, INC., et al., Defendants, and QUEENS NETWORK CABLE, Appellant. (And a Third-Party Action.)

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

Decided December 15, 2009.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Queens Network Cable is granted.

In March 2001 the plaintiff Santo Lombardo (hereinafter the plaintiff) allegedly was assaulted by Sean Regan and Kenneth Plaza at his place of employment. Regan and Plaza were members of the defendant I.B.E.W., Local #3, a labor union (hereinafter...

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