Buckley v. J.A. Jones/GMOBuckley v. J.A. Jones/GMO
In contrast, the Court of Appeals has carved out a common sense limitation on the nondelegable duty imposed by
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about May 31, 2006, which denied plaintiffs’ motion for partial summary judgment as to liability on their causes of action under
This is an action by plaintiff Dennis Buckley and his wife (suing derivatively) to recover damages for injuries Buckley sustained when he fell from a ladder he was ascending to do welding work on the roof setback of an atrium being renovated at the United States Post Office at Cadman Plaza in Brooklyn. Defendant J.A. Jones/GMO (J.A. Jones) was the general contractor for the project; Buckley was an employee of nonparty Cross
On this record, Supreme Court correctly denied plaintiffs’ motion for partial summary judgment as to liability under
Contrary to plaintiffs’ contentions, the incident report (which plaintiffs do not dispute was prepared in the ordinary course of J.A. Jones‘s business) may be admissible as a business record
Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.