Appellate Division of the Supreme Court of the State of New York June 16, 2003 (Hernandez v. Yonkers Contracting Co.)

—In an action to recover damages for wrongful death and personal injuries, etc., the defendant Baker Engineering NY, Inc., appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered January 24, 2003, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.