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Joseph Bennett, as Guardian of James Bennett, an Incapacitated Person, Appellant, et al., Plaintiff, v. Michael Hucke et al., Defendants, and Alan Kirk et al., Respondents

New York Court of Appeals2016-08-30
28 N.Y.3d 96438 N.Y.S.3d 83460 N.E.3d 1200

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Opinion

majority opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs. Plaintiff failed to raise a triable issue of fact whether defendants-respondents Alan Kirk et al. are subject to general contractor liability for when James Bennett was injured.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.