Kolb v. Lambert

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered January 23, 2013, which, to the extent appealed from as limited by the briefs, denied defendant Royal Lambert’s motion for summary judgement dismissing plaintiff’s common law negligence claims and claims under Labor Law §§ 200 and 241 (6), unanimously affirmed, without costs.

The motion court properly denied the portion of defendant owner Royal Lambert’s motion seeking dismissal of the claims for violation of Labor Law § 200 and common law negligence. The evidence, which established that plaintiff, a carpenter who was performing…