Kozdranski v. O'Brien-Kreitzberg & Associates, Inc.

—Order unanimously reversed on the law without costs, motion denied and complaint and cross claims against defendant O’Brien-Kreitzberg & Associates, Inc. reinstated. Memorandum: Supreme Court erred in granting the motion of defendant O’Brien-Kreitzberg & Associates, Inc. (OKA) for summary judgment dismissing the complaint and cross claims against it. Plaintiff was injured when he fell from scaffolding while working at a water treatment plant that was being constructed for the City of Niagara Falls (City). The City retained OKA to provide construction management services. Plaintiff commenced…