Fuller v. NC3, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of plaintiffs’ cross motion for partial summary judgment on liability on the Labor Law § 240 (1) claim against defendant NC3, Inc., doing business as National Commodity Clearance Center (NC3) and in denying that part of the motion of NC3 for summary judgment dismissing that claim against it. NC3 was not an owner within the meaning of Labor Law § 240 (1) and had no right to control the work (see, Frierson v Concourse Plaza Assocs.,…
2Cases cited9 opinions
- Chapel v. MitchellNew York Court of Appeals · 1994
- Sprague v. Peckham Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Frierson v. Concourse Plaza AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Szopinski v. MJ Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Rowlett v. Great South Bay AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
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- Franco v. JemalAppellate Division of the Supreme Court of the State of New York · 2001
- Juchniewicz v. Merex Food Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Esposito v. New York City Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2003