Appellate Division of the Supreme Court of New York, 2002

DiMarco v. Heckler Electric Co.

DiMarco v. Heckler Electric Co.
Appellate Division of the Supreme Court of New York · Decided January 29, 2002
290 A.D.2d 373; 736 N.Y.S.2d 595; 2002 N.Y. App. Div. LEXIS 821
DiMarco v. Heckler Electric Co.

Opinion of the Court

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 2, 2001, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Drawing all reasonable inferences in favor of the plaintiff, as is required (see, e.g., Graham v Columbia-Presbyterian Med. Ctr., 185 AD2d 753, 755), it is plain that there are triable issues of fact as to the role of defendant’s employees in positioning the lighting fixture that injured plaintiff. Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.

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