Rubino v. Fisher Reese W.P. Associates

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), entered April 24, 1998, as, upon reargument, granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured when a hoist, which he was using to lift an architectural structure called a lintel, tipped and struck the backs of his legs. The plaintiff commenced this action to recover damages for alleged…