ECCLESTON v. BERAKHA


233 A.D.2d 417 (1996)

650 N.Y.S.2d 270

Hector Eccleston, Plaintiff, v. Jack Berakha, Appellant, et al., Defendants, and Shelkins Shops, Ltd., Respondent

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

November 18, 1996


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Jack Berakha correctly contends that he is entitled to common-law indemnification against Shelkins Shops, Ltd. (hereinafter Shelkins), because the sole basis of Berakha's liability to the plaintiff is his status as owner of the premises and his liability under Labor Law § 240, and there has been no showing that Berakha supervised or controlled the plaintiff's work (see<...

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