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ZALESKI v. O'CONNOR GROUP

248 A.D.2d 143 (1998)

670 N.Y.S.2d 68

George Zaleski, Plaintiff, v. O'Connor Group et al., Respondents and Third-Party Plaintiffs-Respondents. Universal Concrete Products Corp., Third-Party Defendant-Appellant; A.J. McNulty Construction Co., Third-Party Defendant-Respondent

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

March 5, 1998

Questions of fact remain as to the degree of supervision, direction and control exercised by Universal at the worksite sufficient to defeat its motion for summary judgment addressed to both O'Connor's and Whiting-Turner's third-party complaint against it and its own cross claims against McNulty (see, Kingston v Hunter Highlands, 222 A.D.2d 952). We would also note that Universal's subcontract gave it sufficient authority to...

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