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FOX v. JENNY ENG'G CORP.

70 N.Y.2d 761 (1987)

Theodore Fox, Appellant, v. Jenny Engineering Corporation, Respondent, et al., Defendants. (Appeal No. 1.) Theodore Fox, Appellant, v. Jenny Engineering Corporation et al., Respondents. (Appeal No. 2.) Theodore Fox, Plaintiff, v. Jenny Engineering Corporation et al., Defendants. (And a Third-Party Action.) Theodore Fox, Appellant, v. Everett G. Wambach et al., Respondents. (Appeal No. 3.)

Court of Appeals of the State of New York.

Decided October 6, 1987.

Attorney(s) appearing for the Case

James B. Tuttle for appellant.

Timothy J. Perry for Jenny Engineering Corporation, respondent.

James L. Fischer and Eugene H. Goldberg for Lozier Architects and Engineers, respondent.

Roger G. Preston, Jr., for Everett G. Wambach and another, respondents.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Orders affirmed, with costs. We agree with the Appellate Division, for the reasons stated in its memorandum (122 A.D.2d 532), that defendant Wambach was not an "owner" within the meaning of Labor Law § 240 (1) and defendants Jenny Engineering Corporation and Lozier Architects and Engineers were not agents of the owner within the meaning of that statute, and we reach no...

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