Lancella v. Mario Genovesi & Sons, Inc.

OPINION OF THE COURT

George G. Bernhard, J.

Plaintiff moves in this action to recover damages for personal injury sustained in an accident on a construction site in Mt. Kisco, New York, on January 14, 1993 for summary judgment establishing liability in his favor and for assessment of damages.

Third-party defendant, Reale, plaintiff’s employer at the time of the accident, cross-moves for summary judgment dismissing plaintiff’s claims under section 240 and section 241-a of the Labor Law. The general contractor, Mario Genovesi & Sons, Inc., submits opposition to the same effect.

The undisputed facts…