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DESIMONE v. STRUCTURE TONE, INC.

306 A.D.2d 90 (2003)

762 N.Y.S.2d 39

JOSEPH DESIMONE et al., Respondents, v. STRUCTURE TONE, INC., Appellant and Third-Party Plaintiff-Appellant, and TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Respondent. ALBIN GUSTAFSON COMPANY, Third-Party Defendant-Respondent.

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

Decided June 10, 2003.

The finding of liability and consequent award of damages against Structure Tone with respect to a January 13, 1997 accident in which plaintiff injured his left knee must be vacated. Plaintiff's recovery for the injury sustained in the January 13, 1997 accident was premised upon Structure Tone's alleged violation of Labor Law § 200. However, liability under that provision may not be assigned absent proof that the defendant exercised some supervisory control over the work...

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