INTERESTED UNDERWRITERS AT LLOYDS v. ASSOCIATED CEILINGS CORP.


55 N.Y.2d 635 (1981)

Interested Underwriters at Lloyds, as Subrogees of Seaman Furniture Co., Inc., Appellant, v. Associated Ceilings Corp., Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1981.


Attorney(s) appearing for the Case

Bernard Caesar and Paul Kovner for appellant.

Carole R. Moskowitz and J. Robert Morris for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Our review of the scant record in this case fails to disclose prima facie proof that the defendant was in control of the damaged premises at the time the ceiling collapsed or that there was negligence in the performance of the work. Specifically, the only testimony on the latter score came from...

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