Cotter v. Structure Tone, Inc.

247 A.D.2d 275, 667 N.Y.S.2d 905, 1998 N.Y. App. Div. LEXIS 1419

Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about January 14, 1997 which, inter alia, denied defendant-appellant Structure Tone, Inc.’s motion for summary judgment, unanimously affirmed, without costs.

Since the deposition testimony of defendant-appellant’s account executive stated that defendant-appellant’s superintendent had direct dealings with the subcontractors at the work site, an issue of fact exists as to whether defendant-appellant, as the general contractor, had supervisory control over its subcontractors and thus could be held liable for a subcontractor’s allegedly negligent actions (see, Hunter v BTC Block 17/ 18, 210 AD2d 968).

Concur — Sullivan, J. P., Rubin, Mazzarelli and Andrias, JJ.