Mazzella v. Bronze Plumbing & Heating Corp.

—Order of the Supreme Court, Bronx County (Anita Florio, J.), entered July 21, 1992, which denied defendant’s motion for summary judgment dismissing the complaint pursuant to CPLR 3212 without prejudice to renewal after discovery is completed, unanimously affirmed, without costs.

Plaintiff Mario Mazzella was injured in the course of his employment with third-party defendant Marciano General Contracting. He sustained fractures of the right leg, ankle and foot in a fall while working in the basement of a single-family home clearing up debris. It is alleged that defendant Bronze Plumbing &…