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JABLONSKI v. FULTON CORNERS

193 Misc.2d 135 (2002)

748 N.Y.S.2d 634

SLAWOMIR JABLONSKI, Plaintiff, v. FULTON CORNERS INC. et al., Defendants. FULTON CORNERS INC., Third-Party Plaintiff, v. ASBESTOS CORPORATION OF AMERICA, Third-Party Defendant.

Civil Court, Kings County.

September 17, 2002.

Attorney(s) appearing for the Case

Smith, Mazure, Director, Wilkins, Young, Yagerman & Tarallo, P.C. (David Glazer of counsel), for Fulton Corners Inc. and another, defendants.

Eric F. Popkin for plaintiff.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

On this motion for summary judgment, the court must determine whether supervisory control is an essential element of an injured worker's claim under Labor Law § 200, when the injury allegedly was caused by a dangerous condition inherent in the premises and not by any contractor's method of work. The court concludes that a claim against the owner of the premises...

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