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Ferguson v. Tishman Construction Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 1998
247 A.D.2d 268 (N.Y. App. Div. 1998)

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.


Summaries of

Ferguson v. Tishman Construction Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 1998
247 A.D.2d 268 (N.Y. App. Div. 1998)
Case details for

Ferguson v. Tishman Construction Co., Inc.

Case Details

Full title:ERNEST FERGUSON et al., Respondents, v. TISHMAN CONSTRUCTION COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 17, 1998

Citations

247 A.D.2d 268 (N.Y. App. Div. 1998)
667 N.Y.S.2d 907