Daniels v. Almodovar

In an action, inter alia, to recover damages for wrongful death, the defendant Strathmore Concrete Corp. appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated July 9, 1996, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs.

We agree with the Supreme Court that there exist triable issues of fact precluding the grant of summary judgment to the appellant (see, Celardo v Bell, 222 AD2d 547; Famularo v Havasi, 221 AD2d 587; Freeman Lbr. Co. v…