Appellate Division of the Supreme Court of the State of New York November 6, 1997 (Moutray v. Baron)

—White, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered February 24, 1997 in Albany County, which, inter alia, denied a motion by defendants Robert J. Baron and Baron Construction Corporation for summary judgment dismissing the complaint against them.

Plaintiff Peter J. Moutray, a mason’s laborer employed by third-party defendant, JLJ Masonry, Inc.