Manna v. New York City Housing Authority
This case concerns an appeal from an order regarding a construction site accident where the plaintiff was struck by debris. The plaintiff initiated a Labor Law § 240 (1) action, claiming a co-worker was responsible, although the employer disputes the co-worker's existence. The Supreme Court's initial order, which granted partial summary judgment to the plaintiff on liability and denied the defendant's motion for a neuro-psychiatric examination, was modified on appeal. The appellate court denied the plaintiff's motion for partial summary judgment, citing unresolved factual questions regarding the accident's occurrence. However, the denial of the defendant's motion to compel a neuro-psychiatric examination was affirmed, honoring a prior stipulation between the parties.