Opinion
2016–03777 Index No. 602426/12
11-28-2018
Jason DOWD, Appellant, v. COUNTY OF NASSAU, et al., Respondents, et al., Defendants.
Dell & Dean, PLLC, Garden City, N.Y. (Jay J. Massaro and Michael Schultz of counsel), for appellant. Perez & Cariello, Uniondale, N.Y. (Edgar Matos of counsel), for respondents.
Dell & Dean, PLLC, Garden City, N.Y. (Jay J. Massaro and Michael Schultz of counsel), for appellant.
Perez & Cariello, Uniondale, N.Y. (Edgar Matos of counsel), for respondents.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robert A. Bruno, J.), dated March 8, 2016. The order, insofar as appealed from, granted that branch of the motion of the defendants County of Nassau, New York Islanders Hockey Club, L.P., and Nassau County Department of Public Works which was for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants County of Nassau, New York Islanders Hockey Club, L.P., and Nassau County Department of Public Works which was for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against them is denied.
This action arose out of the same incident that is the subject of Wass v. County of Nassau (––– A.D.3d –––– [decided herewith] ), and the factual and legal issues are identical. We reverse the order in this action insofar as appealed from for the reasons set forth in our decision and order in Wass v. County of Nassau (see id. ).
BALKIN, J.P., SGROI, LASALLE and BARROS, JJ., concur.