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FARDUCHI v. UNITED ARTISTS THEATRE CIRCUIT, INC.

23 A.D.3d 613 (2005)

804 N.Y.S.2d 786

SANDRO FARDUCHI, Plaintiff, v. UNITED ARTISTS THEATRE CIRCUIT, INC., et al., Appellants, and CONSTRUCTION OF NEW YORK, INC., Respondent, et al., Defendants.

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

November 28, 2005.

The Supreme Court properly denied summary judgment to United Artists Theatre Circuit, Inc., and Street Retail Forest Hills I, LLC (hereinafter collectively the Owners), on their cross claims against the general contractor, Pepco Construction of New York, Inc. (hereinafter Pepco), because a triable issue of fact existed as to Pepco's alleged negligence and that of its subcontractors and sub-subcontractors, and as to whether Pepco exclusively supervised and controlled the work...

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