Appellate Division of the Supreme Court of the State of New York November 15, 2001 (Schwab v. A.J. Martini, Inc.)

Spain, J.

Appeal from an order of the Supreme Court (Kramer, J.), entered August 18, 2000 in Schenectady County, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.

On September 2, 1994, plaintiff Daniel B. Schwab (hereinafter plaintiff) was engaged as a plasterer at the Nott Memorial building located on the campus of defendant Union College.