Ferguson v. Tishman Construction Co.

Appellate Division of the Supreme Court of New York

Ferguson v. Tishman Construction Co.

247 A.D.2d 268, 667 N.Y.S.2d 907, 1998 N.Y. App. Div. LEXIS 1403

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1998·Published

Opinion

Order, Supreme Court, New York County (Paula Qmansky, J.), entered on or about December 10, 1996, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 AD2d 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.

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Order, Supreme Court, New York County (Paula Qmansky, J.), entered on or about December 10, 1996, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 AD2d 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.

Ferguson v. Tishman Construction Co., 247 A.D.2d 268, 667 N.Y.S.2d 907, 1998 N.Y. App. Div. LEXIS 1403 (N.Y. Ct. App. 1998).

Pincite

247 A.D.2d 268 (Ferguson v. Tishman Construction Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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