Torts · MBE-tested
David Carpenter, Appellant, v. 149 Edison Street, Inc., Doing Business as Lonestar Construction, Respondent
261 A.D.2d 899689 N.Y.S.2d 911·New York Supreme Court, Appellate Division·1999·NY
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Opinion
David Carpenter, Appellant, v 149 Edison Street, Inc., Doing Business as Lonestar Construction, Respondent.
[689 NYS2d 911]
[MAJORITY]
—Order insofar as appealed from unanimously reversed on the law without costs, motion denied and negligence cause of action and Labor Law § 200 claim reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the negligence cause of action and Labor Law § 200 claim. In support of the motion, defendant submitted only the affirmation of its attorney, which is not sufficient to establish defendant’s entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ