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KIRKPATRICK v. DIVERSIFIED SPORTS, INC.

216 A.D.2d 892 (1995)

629 N.Y.S.2d 152

Timothy A. Kirkpatrick et al., Appellants, v. Diversified Sports, Inc., et al., Defendants Diversified Sports, Inc., et al., Third-Party Plaintiffs-Respondents-Appellants, v. Brothers Painting, Third-Party Defendant-Respondent Diversified Sports, Inc., et al., Third-Party Plaintiffs-Respondents-Appellants, v. James E. Kirkpatrick et al., Third-Party Defendants-Appellants-Respondents. (Appeal No. 2.)

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly refused to grant the motion of third-party defendant James E. Kirkpatrick to dismiss the causes of action for indemnity and contribution interposed against him by third-party plaintiffs in this Labor Law § 240 case. Third-party plaintiffs alleged in their pleadings that James Kirkpatrick exercised control and supervision over the work of plaintiff Timothy A. Kirkpatrick and failed...

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