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McComber v. Lehrer McGovern Bovis, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2003
304 A.D.2d 409 (N.Y. App. Div. 2003)

Opinion

802

April 15, 2003.

Order, Supreme Court, New York County (Edward Lehner, J.), entered July 2, 2002, which, to the extent appealed from, granted, in part, the cross motion of defendant general contractor Lehrer McGovern Bovis, Inc., (Lehrer McGovern) upon its claim for indemnification as against defendant subcontractor Interstate Industries Corporation, unanimously affirmed, without costs.

Christopher C. Caiazzo, for defendants-respondents.

Laurel A. Wedinger, for defendant-appellant.

Before: Nardelli, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.


The grant of summary judgment was proper. There was no proof that plaintiff's work-site accident was, in fact, attributable to any negligence of the general contractor, Lehrer McGovern. The circumstance that Lehrer McGovern had general supervisory authority over the work site is insufficient to raise any triable issue as to whether it was negligent in supervising the particular work in which plaintiff was engaged at the time of his injury (see Mattioli v. Zuckerman, 292 A.D.2d 268, 268-269;Buccini, 250 A.D.2d 466, 468).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

McComber v. Lehrer McGovern Bovis, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2003
304 A.D.2d 409 (N.Y. App. Div. 2003)
Case details for

McComber v. Lehrer McGovern Bovis, Inc.

Case Details

Full title:BENJAMIN McCOMBER, ET AL., Plaintiffs, v. LEHRER McGOVERN BOVIS, INC., ET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 15, 2003

Citations

304 A.D.2d 409 (N.Y. App. Div. 2003)
756 N.Y.S.2d 854