PALUMBO v. INNOVATIVE COMMUNICATION CONCEPTS INC.


251 A.D.2d 246 (1998)

675 N.Y.S.2d 37

Claudia Palumbo, Plaintiff, v. Innovative Communication Concepts Inc., Defendant and Third-Party Plaintiff-Respondent. European American Bank, Third-Party Defendant-Appellant

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

June 25, 1998


An issue of fact exists as to the employer's supervisory responsibility for the telephone installation work, raised by deposition testimony that it was customary for the work to be inspected upon completion and that the employer had paid for the work without complaint. Also, upon the present record, including the evidence that the employer's specifications called for long wires allowing for the movement of telephones between desks...

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