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PEST v. BEEPER CONNECTION PAGING, INC.

302 A.D.2d 249 (2003)

753 N.Y.S.2d 730

ERIC R. PEST et al., Appellants, v. BEEPER CONNECTION PAGING, INC., Respondent, et al., Defendants. BEEPER CONNECTION PAGING, INC., Third-Party Plaintiff-Respondent, v. ATN ELECTRIC CORP., Third-Party Defendant, and NORMAN WEISS et al., Third-Party Defendants-Respondents.

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

Decided February 18, 2003.

The action was properly dismissed as against the lessee upon a record establishing that it did not hire plaintiff's employer to do the renovation work that plaintiff was performing at the time of the accident, and did not otherwise have control over the work site (see Guzman v L.M.P. Realty Corp., 262 A.D.2d 99; Bart v Universal Pictures, 277 A.D.2d 4, 5). Contrary to plaintiff's contention...

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