Miele v. UDC-Ten Eyck Development Corp.

Mikoll, J. P.

Appeal from an order of the Supreme Court (Caruso, J.), entered March 18, 1996 in Schenectady County, which granted plaintiffs’ motion for partial summary judgment, dismissed defendant’s second affirmative defense and denied defendant’s cross motion for summary judgment.

On August 31, 1991 plaintiff Joseph P. Miele (hereinafter plaintiff), a supervising computer operator for the State Department of Social Services, was injured in the course of his employment when a portion of the raised tile flooring in the printing room on the fourth floor of the Ten Eyck Office Building in the…