De Luke v. City of Albany

Cross appeals from an order of the Supreme Court (Ferradino, J.), entered March 1, 2005 in Albany County, which, inter alia, denied a motion by defendant City of Albany for summary judgment dismissing the complaint against it.

Defendant City of Albany entered into a contract with defendant Gallo Construction Corporation for Gallo to make various improvements to a city-owned building. Gallo subcontracted with defendant Rayben Enterprises, Inc. for flooring work, including the installation of rubber stair treads. After Rayben completed the flooring, a city inspector approved the work, *926including…