Soto v. Trinity Morris Corp.

—Order, Supreme Court, Bronx County (Bertram Katz, J.), rendered October 12, 2001, which, in an action for personal injuries by an elevator repairman, insofar as appealed from, denied defendant building owners’ motion for summary judgment dismissing the complaint or for partial summary judgment on their third-party complaint against plaintiffs employer, unanimously affirmed, without costs.

*128Defendants’ motion for summary judgment dismissing the complaint was properly denied, there being issues of fact as to whether plaintiff was injured by a falling beam, as he testified at deposition; if so,…