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DeJesus v. Todaro

Appellate Division of the Supreme Court of New York, First Department
May 27, 2004
7 A.D.3d 469 (N.Y. App. Div. 2004)

Opinion

3758.

Decided May 27, 2004.

Order, Supreme Court, Bronx County (Nelson Roman, J.), entered November 5, 2003, which, in an action for personal injuries sustained by plaintiff while using a sidewalk freight elevator appurtenant to his employer's hardware store, granted defendant-respondent's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Goidel Siegel, LLP, New York (David Atlas of counsel), for appellant.

Putney, Twombly, Hall Hirson, New York (Beverly M. Barr of counsel), for respondent.

Before: Nardelli, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.


There is nothing in this record that tends to show that respondent, a cooperative wholesaler and main supplier of goods and services to plaintiff's employer's store, exercised any control, or had the right to exercise any control, over the allegedly defective elevator or the work plaintiff was doing when injured ( see Schoenwandt v. Jamfro Corp., 261 A.D.2d 117; Andreula v. Steinway Baraqafood Corp., 243 A.D.2d 596). It is "mere hope" on plaintiff's part to argue that evidence of such control will be uncovered in disclosure ( see Moukarzel v. Montefiore Med. Ctr., 235 A.D.2d 239, 240).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

DeJesus v. Todaro

Appellate Division of the Supreme Court of New York, First Department
May 27, 2004
7 A.D.3d 469 (N.Y. App. Div. 2004)
Case details for

DeJesus v. Todaro

Case Details

Full title:JOSE L. DeJESUS, Plaintiff-Appellant, v. HENRY TODARO, Jr., ET AL.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 2004

Citations

7 A.D.3d 469 (N.Y. App. Div. 2004)
777 N.Y.S.2d 474

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