Kirby v. Suburban Electrical Engineers Contractors, Inc.

Fahey, J. (dissenting).

I respectfully dissent. I cannot agree with the majority that Supreme Court erred in granting that part of plaintiffs’ motion seeking leave to renew their opposi*1382tion to the cross motion of defendant Suburban Electrical Engineers Contractors, Inc. (Suburban) for summary judgment dismissing the amended complaint against it. I therefore would affirm as a matter of law.

This appeal arises from a November 10, 2004 incident in which Charles R. Kirby (plaintiff) was injured during the course of his employment with International Paper at one of its plants. The accident occurred…