Martynick v. TDX Construction Corp.

—In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kangs County (Demurest, J.), dated August 6, 1997, as, upon renewal, adhered to so much of a prior determination of the same court (Vaccaro, J.), dated June 28, 1995, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The defendant made a prima facie showing of…