Damboise v. Kelrod Construction Corp.

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Luciano, J.), dated December 29, 1989, which granted the defendant’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

Summary judgment was properly granted to the defendant, as there was no theory of liability under which the plaintiff might recover from it and no factual issues were presented requiring an adjudication on the merits (see, Zuckerman v City of New York, 49 NY2d 557). The undisputed evidence established that the defendant…