Fox v. Jenny Engineering Corp., 1

Decision Date11 July 1986
Docket NumberNo. 1,1
PartiesTheodore FOX, Appellant, v. JENNY ENGINEERING CORPORATION, Respondent, and Lozier Architects and Engineers, Defendant, and Third-Party Actions. Appeal
CourtNew York Supreme Court — Appellate Division

Harvey & Harvey, Mumford & Kingsley by James Tuttle, Albany, for appellant Fox (Appeals 1 & 3); respondent (Appeal 2). Sugarman, Wallace, Manheim & Schoenwald by James Stevens, Syracuse, for respondent (Appeal 1). Wilson, Elser, Moskowitz, Edelman & Dicker by Eugene Goldberg, New York City, for appellant Lozier (Appeal 2). John C. Alletto by Roger Preston, Rochester, for respondents Wambach (Appeal 3).

Order unanimously affirmed without costs. Same Memorandum as in Fox v. Jenny Engineering Corp., Appeal No. 2, 122 A.D.2d 532, 505 N.Y.S.2d 270. (Appeal from Order of Supreme Court, Monroe County, DePasquale, J.--Summary Judgment.)

DILLON, P.J., and DOERR, PINE, LAWTON and SCHNEPP, JJ., concur.

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4 cases
  • Walls v. Turner Const. Co.
    • United States
    • New York Court of Appeals Court of Appeals
    • May 5, 2005
    ...Labor Law § 240(1) liability (Fox v. Jenny Eng'g Corp., 70 N.Y.2d 761, 520 N.Y.S.2d 750, 514 N.E.2d 1374 [1987], affg. 122 A.D.2d 532, 505 N.Y.S.2d 376 [4th Dept. 1986]). And prime contractors that are not general contractors are not "contractors" within the meaning of the statute as to wor......
  • Fox v. Jenny Engineering Corp.
    • United States
    • New York Supreme Court — Appellate Division
    • July 11, 1986
    ... ... Lozier Architects and Engineers, Appellant, and Third-Party ... Actions. Appeal No. 2 ... Supreme Court, Appellate Division, ... Fourth Department ... July 11, 1986 ...         Harvey & Harvey, Mumford & Kingsley by James Tuttle, Albany, for appellant Fox (Appeals 1 & 3); respondent (Appeal 2) ...         Sugarman, Wallace, Manheim & Schoenwald by James Stevens, Syracuse, for respondent (Appeal 1) ...         Wilson, Elser, Moskowitz, Edelman & Dicker by Eugene Goldberg, New York City, for appellant Lozier (Appeal 2) ... ...
  • Fox v. Jenny Engineering Corp.(Three Cases), 1
    • United States
    • New York Court of Appeals Court of Appeals
    • October 6, 1987
  • Armand Cerrone, Inc. v. Town of Lewiston
    • United States
    • New York Supreme Court — Appellate Division
    • July 11, 1986

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