SLETTENE v. GINSBURG


257 A.D.2d 656 (1999)

684 N.Y.S.2d 296

GLENN SLETTENE, Appellant, v. LESLIE GINSBURG, Defendant and Third-Party Plaintiff-Respondent. JACOBSEN-CHIPPA CONSTRUCTION, Third-Party Defendant.

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

Decided January 25, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs payable to the respondent.

Contrary to the plaintiff's contention, there is ample evidence in the record to support the Supreme Court's conclusion that the actions of the defendant owner of the premises were merely those of an ordinary concerned homeowner and did not rise to the level of directing or controlling the manner or method of the plaintiff's performance of his work (see, e.g., Kostyj...

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