90 A.D.2d 936 | N.Y. App. Div. | 1982
Appeal from that part of an order of the Supreme Court at Special Term (Crangle, J.), entered February 19, 1982 in Saratoga County, which denied defendant’s motion for summary judgment and granted plaintiffs’ cross motion to dismiss defendant’s first and second affirmative defenses. On November 1, 1979, plaintiff Wayne D. Heritage, an employee of Country Club Acres, Inc., was seriously injured in the course of his employment while working on the construction of a building for his employer. Plaintiff received workers’ compensation benefits from his employer’s carrier. Thereafter, plaintiff and his wife commenced an action against defendant, the owner of the realty upon which the building was being constructed, pursuant to the provisions of sections 240 and 241 of the Labor Law. Defendant, who was the sole stockholder, president and chief executive officer of Country Club Acres, Inc., set forth three affirmative defenses in his answer to the complaint and, thereafter, moved for summary judgment. Plaintiffs cross-moved to dismiss the affirmative defenses.
It appears from defendant’s brief that he has abandoned that portion of his appeal that deals with the first affirmative defense of contributory negligence. Further, resolu