Christiano v. Random House, Inc.

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered August 1, 2007, which denied plaintiffs’ motion for partial summary judgment and third-party defendant Plaza Construction’s cross motion for summary judgment, unanimously affirmed, without costs.

The evidence, as exemplified by the plaintiff worker’s own deposition testimony, does not establish that the accident occurred when he was standing on the floor of a soffit interior that collapsed beneath him. To the contrary, it appears that he was standing on the steel beam within the soffit’s interior, which did not shift,…