| Bennett v Hucke |
| 2016 NY Slip Op 05904 [28 NY3d 964] |
| August 30, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 2, 2016 |
| 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. |
Decided August 30, 2016
Bennett v Hucke, 131 AD3d 993, affirmed.
Gathman & Bennett LLP, Huntington (James Edward Gathman, Jr. of counsel), for appellant.
Mazzara & Small, P.C., Bohemia (Timothy F. Mazzara of counsel), for respondents.
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.
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