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Fox v. Jenny Engineering Corp.

Theodore Fox v. Jenny Engineering Corporation, , Defendants Theodore Fox v. Jenny Engineering Corporation, Respondents Theodore Fox v. Jenny Engineering Corporation, (And a Third-Party Action.) Theodore Fox v. Everett G. Wambach

Fox v. Jenny Eng'g Corp., 514 N.E.2d 1374 (N.Y. 1987)
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Court
New York Court of Appeals · State Highest Courts
Decided
October 6, 1987
Docket
Nos. 1; Appeal No. 2; Appeal No. 3
Citations
514 N.E.2d 137470 N.Y.2d 761520 N.Y.S.2d 7501987 N.Y. LEXIS 18875

Opinion of the Court

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OPINION OF THE COURT

Orders affirmed, with costs. We agree with the Appellate Division, for the reasons stated in its memorandum ( 122 AD2d 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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