Argentina v. 681 Fifth Avenue LLC

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 27, 2013, which, to the extent appealed from as limited by the briefs, granted defendant Skyline Windows, LLC’s motion for summary judgment dismissing the complaint as to it, and all cross claims, unanimously reversed, on the law, without costs, the motion denied, and the complaint as against Skyline, and all cross claims, reinstated.

Plaintiff Richard Argentina and his wife, suing derivatively, commenced this action for injuries that plaintiff, a laborer on a construction projct, received while attempting to…