Barnes v. New York Mercantile Exchange, Inc.

Judgment, Supreme Court, New York County (Paula J. Omansky, J.), entered March 19, 2002, which, insofar as appealed from as limited by the briefs, dismissed the third-party complaint of defendant and third-party plaintiff AJ Contracting Company, Inc. (AJ) as against third-party defendant Forest Datacom Services Inc. (Forest), unanimously reversed, on the law and the facts, without costs, and the matter remanded for a new trial solely on the issue of whether any negligence by AJ was a proximate cause of plaintiffs injuries.

While plaintiff was working on a construction project, he slipped on…