Cevallos v. Morning Dun Realty, Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about October 2, 2009, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment on his Labor Law § 240 (1) cause of action, *548unanimously reversed, on the law, without costs, the motion denied and the cross motion granted.
Defendant, the owner of a residential building, moved for summary judgment on the strength of the deposition testimony of its principal, who stated that he was an absentee owner who retained a managing agent to…
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