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Santoli v. Stegla Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 517 (N.Y. App. Div. 2000)

Opinion

Argued March 2, 2000.

April 13, 2000.

In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered April 26, 1999, which, upon finding that Connecticut law applied to this action, denied its motion for summary judgment dismissing the complaint and the third-party complaint.

Ronan, McDonnell Kehoe, Melville, N.Y. (Kevin P. Slattery of counsel), for third-party defendant-appellant.

Berley Berley, Bethpage, N.Y. (Debra Berley of counsel), for respondents.

MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint and third-party complaint are dismissed.

The record contains no evidence that the defendants Stegla Construction Corp. and Stegla Group, Inc., the general contractor, maintained any direction or control over the manner in which the plaintiff carried out his tasks, including the manner in which he chose to descend from the roof, as a result of which he was injured. Thus, the defendant is not liable for the plaintiffs' injuries under the law of Connecticut (see, Ray v. Schneider, 16 Conn. App. 660, 548 A.2d 461, cert. denied 209 Conn. 822, 551 A.2d 756).


Summaries of

Santoli v. Stegla Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 517 (N.Y. App. Div. 2000)
Case details for

Santoli v. Stegla Construction Corp.

Case Details

Full title:JAMES SANTOLI, et al., respondents, v. STEGLA CONSTRUCTION CORP., et al.…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 517 (N.Y. App. Div. 2000)
706 N.Y.S.2d 437