Metcalfe v. City of New York

Order, Supreme Court, New York County (Walter Tolub, J.), entered March 14, 1995, which granted plaintiff’s motion to renew, and upon renewal, modified its prior order so as to vacate a prior award of summary judgment in favor of defendant-appellant and reinstate it as a defendant in the action, unanimously affirmed, without costs.

Renewal was properly granted as plaintiff presented evidence to demonstrate the existence of an issue of fact as to whether defendant-appellant was performing construction *411work at the site at the time of plaintiff's injury, including documents from defendant City of…