WEST v. BELLEAIRE SERV. STATIONS, INC.


2 A.D.2d 633 (1956)

Victor J. West, Doing Business under the Name of West Lumber and Building Supply Company, Respondent, v. Belleaire Service Stations, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 10, 1956


The action was one for work performed and materials furnished, allegedly "at the special instance and request of the defendant's agents, representatives and managing officers". The proof showed that the work had been ordered by one Martin who concededly was not an employee of the defendant but an employee of another corporation known as Bingaman Motor Express Company, Inc. The latter corporation was the tenant in possession of the premises upon which the work was done. The...

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