WIDZISZEWSKI v. KREISLER, BORG, FLORMAN CORP.


6 A.D.3d 528 (2004)

774 N.Y.S.2d 389

HENRYK WIDZISZEWSKI, Appellant, v. KREISLER, BORG, FLORMAN CORP., Respondent. (And a Third-Party Action.)

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

April 12, 2004.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The defendant demonstrated its entitlement to judgment as a matter of law by submitting evidence that it did not supervise and control the asbestos abatement work performed by the plaintiff (see Russin v Picciano & Son, 54 N.Y.2d 311 [1981]; Morris v Pepe, 283 A.D.2d 558 [2001]; Mocarska...

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