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PRESTIGIACOMO v. ST. REGIS HOTEL

221 A.D.2d 215 (1995)

633 N.Y.S.2d 954

Salvatore Prestigiacomo et al., Appellants, v. St. Regis Hotel, a Joint Venture, et al., Respondents. Otis Elevator Co., Inc., Third-Party Plaintiff-Respondent, v. Tishman Construction Corp. of New York, Third-Party Defendant-Respondent

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

November 14, 1995

The IAS Court properly applied the same analysis to plaintiffs' statutory and common-law theories of recovery in concluding that they had failed to raise a triable issue of fact with respect to defendant Otis's authority to supervise the activity that resulted in the injury. The court also properly determined that the injury was caused by the laborer's method of operation, which was unforeseeable (see generally, Brezinski v Olympia & York Water St. Co.,...

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