Legal Opinion

Newman v. Brooklyn Union Gas Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 18, 1997Published

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendants PCM Construction, Inc., and Henkels & McCoy, Inc., appeal from an order of the Supreme Court, Kings County (Vaccaro, J.), dated October 25, 1995, which denied their motion for summary judg*528ment dismissing the complaint and any cross claims insofar as asserted against them.

Ordered that the order is affirmed, with costs.

There are issues of fact which preclude the granting of summary judgment (see, Schumacher v Richards Shear Co., 59 NY2d 239, 245; Tobin v Jesup & Lamont, 103 AD2d 845; Lirosi v Elkins, 89 AD2d 903; cf.,…

2Cases cited4 opinions

  1. Schumacher v. Richards Shear Co.New York Court of Appeals · 1983
  2. Lirosi v. ElkinsAppellate Division of the Supreme Court of the State of New York · 1982
  3. Delgado v. Matrix-Churchill Co.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Tobin v. Jesup & Lamont, Inc.Appellate Division of the Supreme Court of the State of New York · 1984

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