Opinion
February 17, 1998
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
Plaintiff employee testified that he worked on the laying of concrete in the employ of the contractor who was identified as having performed concrete contracting on the site in 1991, at a time when defendant was construction manager. Plaintiff employee's "deposition testimony, taken in light of other submissions on the motion, raises credibility questions precluding summary judgment" (Bonilla v. Petrillo Realty Dev. Corp., 237 A.D.2d 115), and accordingly defendant's motion was properly denied. We have considered defendant's remaining arguments and find them to be without merit.
Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.