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CROUSE v. HELLMAN CONSTRUCTION CO., INC.

38 A.D.3d 477 (2007)

832 N.Y.S.2d 564

NORMAN CROUSE, Plaintiff, v. HELLMAN CONSTRUCTION CO., INC., et al., Defendants. HELLMAN CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent, v. SCHRODER BROTHERS CO., INC., Third-Party Defendant-Appellant. TDX CONSTRUCTION CORPORATION, Fourth-Party Plaintiff-Respondent, v. HELLMAN CONSTRUCTION CO., INC., et al., Fourth-Party Defendants, and SCHRODER BROTHERS CO., INC., Fourth-Party Defendant-Appellant.

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

Decided March 29, 2007.

No issue of fact exists as to Hellman's negligence, the deposition testimony demonstrating that Hellman did not exercise any supervisory control over plaintiff's work, that Schroder, plaintiff's employer, did exercise such control, and that TDX was responsible for cleanup of the debris that allegedly caused plaintiff to fall (see O'Sullivan v IDI Constr. Co., Inc., 28 A.D.3d 225, 226-227 [2006], affd 7 N.Y...

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