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THEODORE FOX, Appellant, v. JENNY ENGINEERING CORPORATION, Respondent, et al., Defendants. (Appeal No. 1.) THEODORE FOX, Appellant,

Orders affirmed, with costs. We agree with the Appellate Division, for the reasons stated in its memorandum ( 122 A.D.2d 532), that defendant Wambach was not an "owner" within the meaning of Labor Law § 240 (1) and defendants Jenny Engineering Corporation and Lozier Architects and Engineers were not agents of the owner within the meaning of that statute, and we reach no other issue.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

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FOX v. JENNY ENGINEERING CORPORATION
(Oct 6, 1987)