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MURPHY v. WFP 245 PARK CO., L.P.

8 A.D.3d 161 (2004)

779 N.Y.S.2d 69

EDWARD MURPHY et al., Respondents, v. WFP 245 PARK CO., L.P., Respondent, and THE BEAR STEARNS COMPANIES, INC., Appellant, et al., Defendant. BEAR STEARNS & CO., INC., Third-Party Plaintiff-Appellant, v. FRASER GOLD CARPET CORP., Third-Party Defendant-Respondent. (And Another Action.)

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

June 22, 2004.

Fraser Gold, the carpeting subcontractor, had no authority to supervise or control the demolition work that actually gave rise to plaintiff's injuries, and thus any claims against it were properly dismissed (see Walsh v Sweet Assoc., 172 A.D.2d 111 [1991], lv denied 79 N.Y.2d 755 [1992]). A factual issue remains, however, as to the tenant Bear Stearns's authority to supervise and control the ongoing demolition and renovation...

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