Bartee v. D & S Fire Protection Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 5, 2010, which, in an action for personal injuries sustained by a worker at a school construction site when he fell into a hole created by the removal of a grating, inter alia, denied, without prejudice to renew after further disclosure, defendant-appellant sprinkler system contractor’s (appellant) motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Appellant’s summary judgment motion was premature. The affidavit of its president stating that…