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McEnerney v. Mid-West Conveyor, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1996
224 A.D.2d 223 (N.Y. App. Div. 1996)

Opinion

February 6, 1996

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).


We agree with the IAS Court that factual issues remain unresolved, including when and where defendants' work was performed and their respective responsibilities for it, whether the type of hole alleged by plaintiff was or was not characteristic of that work, and the nature and extent of any inspection of the premises upon completion of the work. As plaintiff's affidavit states personal knowledge of the hole and the alleged accident and defendants do not dispute that they had performed construction work on the premises, summary judgment was properly denied ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).

Concur — Ellerin, J.P., Kupferman, Ross and Williams, JJ.


Summaries of

McEnerney v. Mid-West Conveyor, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1996
224 A.D.2d 223 (N.Y. App. Div. 1996)
Case details for

McEnerney v. Mid-West Conveyor, Inc.

Case Details

Full title:PATRICK McENERNEY, Respondent, v. MID-WEST CONVEYOR, INC., et al.…

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

Date published: Feb 6, 1996

Citations

224 A.D.2d 223 (N.Y. App. Div. 1996)
637 N.Y.S.2d 150

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