ZAVALA v. THESO CORP.


238 A.D.2d 251 (1997)

656 N.Y.S.2d 612

Carlos Zavala et al., Plaintiffs, v. Theso Corp., Defendant and Third-Party Plaintiff-Appellant. New York Plumbing and Heating, Also Known as Day and Night Heating and Plumbing, Third-Party Defendant-Respondent

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

April 22, 1997


We agree that no issue of fact exists as to the owner's lack of supervision or control over the worksite. Nevertheless, summary judgment was properly denied on the owner's common-law indemnification claim against plaintiff's employer because issues of fact do exist as to whether the pipe on which the ladder was placed was loose or otherwise unsuited to support the ladder; if so, whether the owner's handyman, who showed plaintiff the leaking pipe that needed repair, warned...

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