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KRICK v. FLUOR DANIEL, INC.

236 A.D.2d 783 (1997)

653 N.Y.S.2d 886

Robert J. Krick, by Carol Krick, as Guardian ad Litem, et al., Appellants, v. Fluor Daniel, Inc., et al., Respondents Stamco Division of Monarch Machine Tool Co., Third-Party Plaintiff, v. Alcan Rolled Products Company et al., Third-Party Defendants-Respondents

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

February 7, 1997

Order affirmed without costs.

Memorandum:

Even assuming, arguendo, that Robert J. Krick was engaged in a protected activity when he was injured (see, Holka v Mt. Mercy Academy, 221 A.D.2d 949, lv dismissed 87 N.Y.2d 1055), the complaint was properly dismissed. Because defendant Fluor Daniel, Inc. (Fluor Daniel), had no authority to supervise and control the work being performed by Krick, it is not liable...

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