[DOWNLOAD] "Marmo v. Mall Properties Inc." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Marmo v. Mall Properties Inc.
- Author : Supreme Court of New York
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Order, Supreme Court, New York County (Paula Omansky, J.), entered February 18, 1998, which, in an action by a laborer to recover for personal injuries sustained in a fall from a scaffold, insofar as appealed from, denied defendants site owners' motion for conditional summary judgment on their causes of action for contractual indemnification against defendant lessee and for common-law indemnification against defendants lessee, general contractor, and subcontractor/plaintiff's employer, and dismissing any cross claims as against them, unanimously affirmed, with costs. The owners' motion for conditional summary judgment was properly denied on the ground that an issue of fact exists as to whether the scaffold tipped over because of a defective condition in the sidewalk that was created by the owners or for which they were otherwise responsible (see, Brown v Two Exchange Plaza Partners, 76 NY2d 172, 179-181).