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THOMPSON v. BERNARD G. JANOWITZ CONSTRUCTION CORP.

301 A.D.2d 589 (2003)

753 N.Y.S.2d 848

SCOT D. THOMPSON, Respondent, v. BERNARD G. JANOWITZ CONSTRUCTION CORP., Defendant and Third-Party Plaintiff, EAST AND WEST CONCRETE CORP., Appellant, et al., Third-Party Defendant.

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

Decided January 21, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the motion of the defendant East and West Concrete Corp. for summary judgment because there is a question of fact as to whether it exercised direction, control, or supervision over the plaintiff's work on the day of the accident (see Zuckerman v City of New York, 49 N.Y.2d 557; D'Amico v New York Racing Assn.,

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