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BENNETT v. HUCKE

No. 190 SSM 16.

28 N.Y.3d 964 (2016)

2016 NY Slip Op 05904

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.

Court of Appeals of New York.

Decided August 30, 2016.

Attorney(s) appearing for the Case

Gathman & Bennett LLP, Huntington (James Edward Gathman, Jr. of counsel), for appellant.

Mazzara & Small, P.C., Bohemia (Timothy F. Mazzara of counsel), for respondents.

Concur: Chief Judge DiFioRE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA.

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...

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