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STRAUSS v. OIL HEATING CORP.

9 Misc.3d 57 (2005)

802 N.Y.S.2d 295

FRANK STRAUSS et al., Respondents, v. ORIGINAL CONSUMERS OIL HEATING CORPORATION, Now Known as SINGER HOLDING CORPORATION, Defendant, and WOODMERE CUSTOM DEVELOPERS, Appellant.

Supreme Court, Appellate Term, First Department.

July 26, 2005.

Attorney(s) appearing for the Case

Patrick Colligan, New York City (Carol R. Finocchio of counsel), for appellant.

Davidson & Cohen, P.C., Rockville Centre (Ira Cooper of counsel), for respondents.

MCCOOE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment entered December 15, 2003 affirmed, with $25 costs.

Plaintiff, the superintendent of a commercial building, was employed by the building owner, Westchester Town Associates, who was not a party to this lawsuit. The owner's managing agent, defendant Woodmere Custom Developers, "overs[aw] construction and management, including collecting rents, paying bills, making...

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