Butler v. N & M Contracting Co.

Mikoll, J. P.

Appeal from an order of the Supreme Court *591(Doran, J.), entered August 24, 1992 in Schenectady County, which granted defendant N & M Contracting Company’s motion for summary judgment dismissing the complaint against it.

The issue here is whether plaintiffs can sue defendant N & M Contracting Company in negligence based on an injury sustained while plaintiff Charles Butler was working as a laborer on a construction job being performed by N & M on the residence of defendant Robert W. Noble pursuant to a written contract. Butler was hired by Ron Morton, president of N & M, who…