Lopez v. Fahs Construction Group, Inc.

Appeal and cross appeals from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered June 13, 2014. The order denied the motion of plaintiff for partial summary judgment and denied in part the motions of defendant and third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell into a hole in a countertop while working at a construction site in Cortland, New York, and his complaint alleges, inter…