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Vasquez v. CBS, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 153 (N.Y. App. Div. 1996)

Opinion

December 17, 1996.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered August 21, 1995, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Rosenberger, J.P., Ellerin, Wallach, Tom and Mazzarelli, JJ.


We agree with the IAS Court that there are no issues of fact as to whether defendant property owner exercised control over the manner in which plaintiffs employer performed its work on defendant's premises. At most, the record shows only defendant's retention of general supervisory powers over the employer's work, an insufficient basis for imposing vicarious liability under Labor Law § 200 ( Balaj v Equitable Life Assur. Socy., 211 AD2d 487, lv denied 85 NY2d 811). Nor was there any evidence that defendant had constructive notice of the condition that caused plaintiff to fall ( supra). We have considered plaintiffs' other contentions and find them to be without merit.


Summaries of

Vasquez v. CBS, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 153 (N.Y. App. Div. 1996)
Case details for

Vasquez v. CBS, Inc.

Case Details

Full title:MARTHA VASQUEZ et al., Appellants, v. CBS, INC., Respondent

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

Date published: Dec 17, 1996

Citations

234 A.D.2d 153 (N.Y. App. Div. 1996)
651 N.Y.S.2d 302

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