Lee v. Bonavita

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 14, 1994, which, insofar as appealed from, denied plaintiff’s motion for summary judgment on the issue of liability, unanimously affirmed, without costs. Appeal from decision of the same court and Justice, entered September 21, 1994, dismissed as taken from a nonappealable paper, without costs.

Plaintiff was walking by an unoccupied commercial building and, when he stopped to watch the renovations that were being done, was struck in the eye by a nail that bounced or ricocheted off the wall it was being hammered into by…