Klar v. A. J. Pegno Construction Corp

—In an action to recover damages for personal injuries and wrongful death, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated September 29, 1998, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court erred in finding that the defendant failed to establish its entitlement to judgment as a matter of law. The defendant submitted evidence, in the form of its daily work reports and the deposition testimony of…