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DeJESUS v. TODARO

7 A.D.3d 469 (2004)

777 N.Y.S.2d 474

JOSE L. DeJESUS, Appellant, v. HENRY TODARO, JR., ET AL., Defendants, and TruSERV CORPORATION, Respondent.

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

May 27, 2004.

There is nothing in this record that tends to show that respondent, a cooperative wholesaler and main supplier of goods and services to plaintiff's employer's store, exercised any control, or had the right to exercise any control, over the allegedly defective elevator or the work plaintiff was doing when injured (see Schoenwandt v Jamfro Corp., 261 A.D.2d 117 [1999]; Andreula v Steinway...

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