McCUE v. TOWER III, LLC

9705, 110693/10.

105 A.D.3d 435 (2013)

961 N.Y.S.2d 777

2013 NY Slip Op 2204

TIMOTHY McCUE et al., Plaintiffs, v. TOWER III, LLC, et al., Defendants. TOWER III, LLC, et al., Third-Party Plaintiffs-Respondents, v. SJ ELECTRIC, INC., Third-Party Defendant-Appellant.

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

Decided April 2, 2013.


Order, Supreme Court, New York County (Louis B. York, J.), entered September 26, 2012, which denied third-party defendant-appellant SJ Electric, Inc.'s motion for summary judgment dismissing the third party complaint against it, unanimously affirmed, without costs.

The motion court correctly determined that issues of fact exist concerning whether SJ Electric was working on the fourth floor in the days prior to the accident and whether it was responsible for cleaning...

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