VAN NOSTRAND v. RACE & RALLY CONSTR. CO., INC.

2012-02433, 2012-07108

114 A.D.3d 664 (2014)

979 N.Y.S.2d 638

2014 NY Slip Op 651

ROBERT VAN NOSTRAND, Respondent, v. RACE & RALLY CONSTRUCTION CO., Inc., Defendant/Third-Party Plaintiff-Respondent-Appellant, CARRIER NORTHEAST et al., Respondents, and MCN DISTRIBUTORS, INC., Appellant-Respondent. MASTER MECHANICAL CORP., Third-Party Defendant-Respondent.

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

Decided February 5, 2014.


In a consolidated action to recover damages for personal injuries, the defendant MCN Distributors, Inc., appeals, as limited by its brief, (1) from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated January 3, 2012, as denied those branches of its motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against it, and (2) from so much of an order...

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