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FOX v. JENNY ENGINEERING CORPORATION

Court of Appeals of the State of New York.
Oct 6, 1987
Judgment
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Attorney(S)

James B. Tuttle for appellant. Timothy J. Perry for Jenny Engineering Corporation, respondent. James L. Fischer and Eugene H. Goldberg for Lozier Architects and Engineers, respondent. Roger G. Preston, Jr., for Everett G. Wambach and another, respondents.

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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 ยง 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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