Burton v. Ertel

— Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered March 15, 1984 in Albany County, which denied plaintiff’s motion for summary judgment against defendant Robert F. Simons, Inc.

In this action, plaintiff seeks to recover for damages allegedly sustained as the result of an abrasive paint-removing process used on the property of a neighbor. According to the affidavit submitted by plaintiff’s attorney, an examination before trial was conducted at which a representative of defendant Robert F. Simons, Inc. (Simons) indicated that the work which is the subject of this…