JARVIS v. CROTONA ASSOCIATES, LLC


14 A.D.3d 423 (2005)

788 N.Y.S.2d 111

IVAN JARVIS et al., Respondents, v. CROTONA ASSOCIATES, LLC, et al., Appellants. ARGUS REALTY, LTD., et al., Third-Party Plaintiffs-Appellants, v. ZACHARY CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant.

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

January 20, 2005.


The court properly denied the motions insofar as they sought dismissal of the complaint. There are triable issues as to whether the injured plaintiff had been hired by third-party defendant prior to the accident, which occurred during sheetrock installation. The court also properly declined to dismiss the cause of action pursuant to Labor Law § 200 in light of remaining issues as to the extent of supervision, direction and control exercised by Argus at the work site...

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