Opinion
Argued March 15, 2001.
April 5, 2001.
In an action to recover damages for personal injuries, the defendant Giaquinto Masonry, Inc., appeals from stated portions of an order of the Supreme Court, Suffolk County (Doyle, J.), entered January 19, 2000, which, inter alia, denied those branches of its motion which were for summary judgment dismissing the causes of action based upon Labor Law §§ 241(6) and 200.
Devitt, Spellman, Barrett, Callahan, Leyden Kenney, LLP, Smithtown, N Y (James J. Leyden, Jr., and L. Kevin Sheridan of counsel), for appellant.
Brecher, Fishman, Pasternack, Popish, Heller, Rubin Reiff, P.C., New York, N.Y. (Lonny Levitz of counsel), for plaintiff-respondent.
Maloof, Lebowitz, Connahan Oleske, New York, N.Y. (Kirsten Duesel of counse), defendant-respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
Contrary to the appellant's contentions, there is a triable issue of fact as to whether its workers were responsible for creating the concrete debris that allegedly caused the plaintiff's injuries (see, Young Ju Kim v. Herbert Constr. Co., 275 A.D.2d 709; Barnes v. DeFoe/Halmar, 271 A.D.2d 387; Reiner v. Dormitory Auth. of State of New York, 266 A.D.2d 443).