Sicktish v. Vulcan Industries of Buffalo, Inc.

Order unanimously reversed on the law, without costs, motion granted and complaint dismissed. Memorandum: Defendant Vulcan appeals *976from an order of the Supreme Court at Special Term which denied its motion for judgment dismissing the complaint for failure to state a cause of action and for lack of jurisdiction of the subject of the action (CPLR 3211, subd. [a], pars. 2, 7), which is brought in negligence to recover for personal injuries sustained when plaintiff an employee of Vulcan, was preparing to leave the building where he worked. Dismissal was sought on proof which supports a defense…