McCOMBER v. LEHRER McGOVERN BOVIS, INC.


304 A.D.2d 409 (2003)

756 N.Y.S.2d 854

BENJAMIN McCOMBER et al., Plaintiffs, v. LEHRER McGOVERN BOVIS, INC., et al., Respondents, and INTERSTATE INDUSTRIES CORPORATION, Appellant, et al., Defendant. (And Other Actions.) Appellant.

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

Decided April 15, 2003.


The grant of summary judgment was proper. There was no proof that plaintiff's work site accident was, in fact, attributable to any negligence of the general contractor, Lehrer McGovern. The circumstance that Lehrer McGovern had general supervisory authority over the work site is insufficient to raise any triable issue as to whether it was negligent in supervising the particular work in which plaintiff was engaged at the time of his injury (see Mattioli v Zuckerman,

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