GRAY v. BALLING CONSTR. CO., INC.


239 A.D.2d 913 (1997)

659 N.Y.S.2d 630

Donald C. Gray, Respondent, v. Balling Construction Company, Inc., et al., Appellants. Balling Construction, Inc., Third-Party Plaintiff, v. Haney Erection Services, Inc., Third-Party Defendant-Appellant

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

May 30, 1997


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the cross motions of defendants that sought summary judgment dismissing the common-law negligence and Labor Law § 200 (1) claims. Defendants established that the alleged defect or dangerous condition arose from the methods and procedures of plaintiff's employer and that they exercised no supervisory control...

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