Miraglia v. H & L Holding Corp.

Lane & Sons Construction Corp. seeks leave to reargue its appeal. Alternatively, it seeks leave to appeal to the Court of Appeals. While I agree with the majority that reargument should be granted and leave to appeal should be denied, a brief discussion of both motions is warranted.

Flaintiff was injured while working on a construction project on property owned by defendant H & L Holding Corp. (306 AD2d 58 [2003]). Flaintiff commenced a personal injury action against H & L, which subsequently impleaded Lane, plaintiffs employer. H & L was granted summary judgment on its claim for…