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Fox v. Jenny Engineering Corp.

70 N.Y.2d 761 Court N.Y. Decision date 1987-10-06 Docket Appeal No. 1; Appeal No. 2; Appeal No. 3 English

Contents

Majority

p. 761
Theodore Fox, Appellant, v Jenny Engineering Corporation, Respondent, et al., Defendants. Theodore Fox, Appellant, v Jenny Engineering Corporation et al., Respondents. Theodore Fox, Plaintiff, v Jenny Engineering Corporation et al., Defendants. (And a Third-Party Action.) Theodore Fox, Appellant, v Everett G. Wambach et al., Respondents.
(Appeal No. 1.)
(Appeal No. 2.)
(Appeal No. 3.)
Argued September 2, 1987;
decided October 6, 1987
p. 763
APPEARANCES OF COUNSEL
James B. Tuttle for appellant.
Timothy J. Perry for Jenny Engineering Corporation, respondent.
James L. Fischer and Eugene H. Goldberg for Lozier Architects and Engineers, respondent.
Roger G. Preston, Jr., for Everett G. Wambach and another, respondents.

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.

Statutes and regulations cited