Fernandez v. Terrace

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 15, 2008, which, in an action for personal injuries sustained by plaintiff while cleaning an allegedly defective building trash compactor during the course of his employment, denied the motion of defendant Action Chutes, Inc. (Action) for summary judgment dismissing the complaint as against it and granted the cross motion of defendant Gotham Construction Company, LLC (Gotham) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The record shows that Gotham, the general…