D'Angelis v. Litwin

Lynch, J. (dissenting in part).

I would modify to reverse so much of the judgment as dismisses the appellants’ third-party claim against the third-party defendant Eisenberg, remand for a new trial thereon, and otherwise affirm. The trial court properly dismissed the cross claim against the defendant Meyerbank. Its obligation under its subcontract was to install and maintain a temporary lighting system as needed by the other trades on this construction job. Three witnesses testified about the lighting conditions at the hole where the plaintiff fell. A construction supervisor stated that he…