COTTER v. STRUCTURE TONE, INC.


247 A.D.2d 275 (1998)

667 N.Y.S.2d 905

Phyllis T. Cotter, Also Known as Phyllis T. Cotter-Shaughnessy, Also Known as Phyllis T. Shaughnessy, et al., Respondents, v. Structure Tone, Inc., Appellant, et al., Defendant

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

February 17, 1998


Since the deposition testimony of defendant-appellant's account executive stated that defendant-appellant's superintendent had direct dealings with the subcontractors at the work site, an issue of fact exists as to whether defendant-appellant, as the general contractor, had supervisory control over its subcontractors and thus could be held liable for a subcontractor's allegedly negligent actions (see, Hunter v BTC Block 17/18, 210 A.D.2d 968...

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