BRONZINO v. NYNEX


262 A.D.2d 236 (1999)

692 N.Y.S.2d 342

TIMOTHY BRONZINO, Plaintiff, v. NYNEX et al., Defendants. NEW YORK TELEPHONE COMPANY, Third-Party Plaintiff-Respondent, v. BASS & D'ALESSANDRO, INC., Third-Party Defendant, and JOE DEMASCO INTERIOR RENOVATIONS, Third-Party Defendant-Appellant.

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

Decided June 24, 1999.


The deposition testimony and other evidence in the record fails to demonstrate that New York Telephone exercised any direct control over the manner in which the plaintiff performed the demolition work in the course of which he was injured. Accordingly, since there exists no common-law ground upon which to hold New York Telephone accountable for plaintiff's injury, its liability therefor being purely statutory, it was properly awarded judgment upon its claim for common-law...

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