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Filchuk v. Lehrer McGovern Bovis Const

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 1996
232 A.D.2d 329 (N.Y. App. Div. 1996)

Opinion

October 31, 1996.

Judgment, Supreme Court, New York County (Charles Ramos, J.), entered August 23, 1995, dismissing the complaint upon a grant of defendant's motion for summary judgment and denial of plaintiff's cross motion for partial summary judgment on his Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.

Before: Murphy, P.J., Milonas, Williams, Tom and Andrias, JJ.


The IAS Court properly granted defendant's motion for summary judgment dismissing plaintiff's Labor Law § 240 (1), § 241 (6) and § 200 causes of action, since defendant did not have the contractual or other actual authority to control or supervise the activity bringing about plaintiffs injury and was not an agent of plaintiffs employer ( see, Russin v Picciano Son, 54 NY2d 311; Wright v Nichter Constr. Co., 213 AD2d 995). On the contrary, plaintiffs employer specifically chose to have the work performed by its own employees, rather than by defendant or its subcontractors.


Summaries of

Filchuk v. Lehrer McGovern Bovis Const

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 1996
232 A.D.2d 329 (N.Y. App. Div. 1996)
Case details for

Filchuk v. Lehrer McGovern Bovis Const

Case Details

Full title:TEVE FILCHUK, Appellant, v. LEHRER McGOVERN BOVIS CONSTRUCTION, INC.…

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

Date published: Oct 31, 1996

Citations

232 A.D.2d 329 (N.Y. App. Div. 1996)
648 N.Y.S.2d 923

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