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BADAGLIACCA v. LEHRER McGOVERN BOVIS, INC.

267 A.D.2d 16 (1999)

699 N.Y.S.2d 52

JOSEPH BADAGLIACCA et al., Respondents, v. LEHRER McGOVERN BOVIS, INC., Appellant.

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

Decided December 2, 1999.

Defendant's proof in support of that branch of its motion seeking dismissal of plaintiff's Labor Law § 200 and common law causes did not sufficiently support its claim that, by the date of plaintiff's accident, defendant had turned control of the worksite where plaintiff was injured over to another prime contractor. Defendant's own daily work logs for the days prior to and including the day of plaintiff's accident indicate...

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