Carpenter v. 149 Edison Street, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of third-party defendant, CIR Electrical Construction Corp. (CIR), for summary judgment dismissing the third-party complaint" of defendant-third-party plaintiff, 149 Edison Street, Inc., doing business as Lonestar Construction (149 Edison). Plaintiff, an employee of CIR, was injured when he fell in a trench that was covered with a tarp and further obscured by snow. While CIR and 149 Edison submitted proof that they did not create the condition that led to plaintiff’s injuries, issues of fact remain…