Opinion
June 3, 1999.
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Issues of fact preclude summary judgment in appellant's favor, including whether it was foreseeable that plaintiff would use the allegedly defective dumpster that appellant supplied to the work site and attempt to move it to the curb after it was filled with debris ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315).
Concur — Rosenberger, J.P., Mazzarelli, Rubin, Andrias and Buckley, JJ.