Opinion · New York Court of Appeals

Fox v. Jenny Engineering Corp.

Fox v. Jenny Eng’g Corp., 70 N.Y.2d 761 (New York Court of Appeals 1987)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1987-10-06
Topic
general

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.

Citator

UpLaw has not yet analyzed Fox v. Jenny Engineering Corp.. The absence of a flag is not a finding that it is good law.

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.