Moscato v. City of New York

— Order of the Supreme Court, New York County (Robert E. White, J.), entered February 26, 1991, which, inter alia, granted defendant and third-party plaintiff Thomason Industries, Inc.’s motion for summary judgment dismissing the defendant City of New York’s claims and cross claims, is unanimously reversed, on the law, and the motion denied, without costs or disbursements.

Plaintiff Robert Moscato, an electrician in the employ of third-party defendant R. Salzstein & Company, Inc., was injured during the renovation of the Highbridge Pool Recreation Center, which was owned by the defendant City.…