Ala v. Rockefeller Group, Inc.

OPINION OF THE COURT

Herbert Kramer, J.

*377Plaintiff was crouched on the floor in a well trafficked corridor cleaning a door saddle when he was hit by an unknown man pushing a container filled with debris being carted from a demolition site located elsewhere in the building. Plaintiff moves for summary judgment, claiming that there can be no issue of fact since plaintiff was struck in the rear by a moving object. Defendant opposes asserting that there are questions of fact with respect to contributory negligence and claiming that the motion is premature since discovery has not been completed.

It…