MAROVIC v. 1412 BROADWAY ASSOCIATES


262 A.D.2d 144 (1999)

692 N.Y.S.2d 45

MARYSE MAROVIC et al., Respondents, v. 1412 BROADWAY ASSOCIATES, Appellant, and ASSERTIVE INTERIOR CONTRACTORS CORP., Respondent, et al., Defendant.

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

Decided June 15, 1999.


Summary judgment in defendant building owner's favor is precluded by issues of fact as to its negligence in instructing or supervising defendant independent contractor (see, Goodman v 78 W. 47th St. Corp., 253 A.D.2d 384, 386-387). Such factual issues were raised by deposition testimony that it had policies in place concerning the scheduling and place of freight deliveries, consulted with the contractor concerning the scheduling...

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