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JONES v. WEST 56TH STREET ASSOCIATES

33 A.D.3d 551 (2006)

825 N.Y.S.2d 182

DAVID JONES et al., Appellants-Respondents, v. WEST 56TH STREET ASSOCIATES et al., Defendants, CITYSPIRE CONDOMINIUM et al., Respondents, and CITYSPIRE CENTRE LLC, Also Known as CITYSPIRE CENTER LLC, Respondent-Appellant. LIBERTY MARBLE, INC., Third-Party Plaintiff, v. ALL CITY MARBLE CORP., Third-Party Defendant-Respondent. (And Another Action.)

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

Decided October 31, 2006.

Plaintiffs' motion with respect to Zeckendorf Realty was properly denied since there are issues of fact as to whether Zeckendorf was a statutory agent with authority to supervise and control plaintiff's work (see Walls v Turner Constr. Co., 4 N.Y.3d 861, 863-864 [2005]; Russin v Louis N. Picciano & Son, 54 N.Y.2d 311, 318 [1981]). Similarly, there is insufficient evidence to conclude...

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