Dery v. DeCostole Carting, Inc.

Krausman, J. P.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provision thereof denying the motion of the defendant DeCostole Carting, Inc., d/b/a DCI Container Service for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and substituting therefor a provision grant*510ing that motion, with the following memorandum: I disagree with my colleagues’ conclusion that there is an issue of fact as to whether the defendant DeCostole Carting, Inc., d/b/a DCI Container Service (hereinafter DeCostole) can be held…