Diaz v. Vasques

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 9, 2004, which, in personal injury and wrongful death actions consolidated for joint trial, denied defendant Yonkers Contracting Company’s motion for summary judgment dismissing each plaintiff’s complaint and all cross claims as against it, unanimously reversed, on the law, without costs, the motion granted and the complaints and cross claims dismissed as against Yonkers Contracting Company. The Clerk is directed to enter judgment accordingly.

On October 20, 1998 at approximately 6:30 a.m., plaintiffs Alphonso Diaz…