White v. Humphrey

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant DiFiore Construction, Inc. (DiFiore), for summary judgment dismissing the complaint against it. DiFiore met its initial burden, establishing that the project was designed, controlled and supervised by the New York State Department of Transportation (DOT) (see, Stevens v Bast Hatfield, 226 AD2d 981, 981-982; Quinn v Nigro Bros., 216 AD2d 281; Loconti v Creede, 169 AD2d 900, 902). Plaintiffs, however, raised issues of fact whether DiFiore followed the specifications mandated by DOT and…