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LICKERS v. ALBERT ELIA BLDG. CO., INC.

105 A.D.2d 1069 (1984)

Howard L. Lickers et al., Appellants, v. Albert Elia Building Co., Inc., Respondent Howard L. Lickers et al., Appellants, v. High Steel Structures, Inc., Respondents. (And a Third-Party Action.)

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

November 7, 1984

Order unanimously affirmed, with costs.

Memorandum:

High Steel Structures, Inc. was entitled to summary judgment dismissing this personal injury action under the Labor Law. It is undisputed that High Steel, the principal subcontractor, subcontracted erection of the structural steel to Whale Riggers and Erectors, Inc., Howard Lickers' employer. Inasmuch as Lickers has asserted no facts to suggest that High Steel had authority to supervise and control either...

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