Montgomery v. Federal Express Corp.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered February 7, 2003, which, insofar as appealed from, granted plaintiffs cross motion for partial summary judgment against defendants Federal Express Corporation and JM Dennis Corp., on the issue of liability on his Labor Law § 240 (1) claim, and denied third-party defendant Fortune Interior Dismantling Corp.’s cross motion for summary judgment dismissing the third-party complaint, unanimously reversed, on the law, without costs, plaintiffs cross motion denied, the cross motion of defendants Federal Express and JM Dennis for…