Mourne established prima facie that it did not create the condition that caused plaintiff's fall on December 18, 2009, by submitting the deposition testimony of its principal, who testified that Mourne finished building the wall around December 8, left the work area spotless and free of debris before leaving that day, and did not return to the job site to perform caulking work until January 2010 (see CPLR 3212 [b]; Zuckerman v City of New York,
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OROFINO v. 388 REALTY OWNERS, LLC
2737, 102109/11.
146 A.D.3d 532 (2017)
2017 NY Slip Op 00250
DEAN OROFINO, Plaintiff, v. 388 REALTY OWNERS, LLC, et al., Appellants, and ADELHARDT CONSTRUCTION CORPORATION, Respondent/Second Third-Party Plaintiff-Respondent. BIORDI, INC., et al., Second Third-Party Defendants-Respondents. BIORDI, INC., Third Third-Party Plaintiff-Respondent, v. MOURNE MANAGEMENT CORP., Third Third-Party Defendant-Respondent. (And Another Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 12, 2017.
Decided January 12, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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