Mitchel v. Depp

—In an action to recover damages for personal injuries, etc., the defendant Wesley Depp and the third-party defendant Rablac Construction Corp. separately appeal from a judgment of the Supreme Court, Queens County (Kitzes, J.), entered November 29, 1993, which, upon an order and judgment of the same court (Berkowitz, J.), dated June 7, 1993, inter alia, granting the plaintiff’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), and upon a jury verdict in favor of the plaintiffs on the issue of damages, is in favor of the plaintiffs and against the…