DiMarino v. Hauber

GARB, J.,

Plaintiffs have appealed from our order of May 12, 1992, wherein we granted summary judgment for defendants.

This is a negligence action in which plaintiff Ralph J. DiMarino seeks damages for certain injuries incurred while he was engaged in construction work upon the premises of defendants. Plaintiff Jean DiMarino, the wife of Ralph J. DiMarino, seeks derivative damages as a result of the injuries to her husband. As has so often been stated, summary judgment should be granted only if the pleadings, depositions, answers to interrogatories and admissions on file, together with any…