Contractor May Be Responsible for Faulty Demolition Work

May 31, 2008

LVT Number: #20451

Tenant sued landlord and its contractor for negligence. Tenant claimed she was injured by hazardous substances released into the air during demolition work performed at the building. The contractor asked the court to dismiss the case against it, claiming that landlord was responsible. The court and appeals court ruled against the contractor. Tenant and landlord claimed that the contractor negligently removed debris from the building basement.

Tenant sued landlord and its contractor for negligence. Tenant claimed she was injured by hazardous substances released into the air during demolition work performed at the building. The contractor asked the court to dismiss the case against it, claiming that landlord was responsible. The court and appeals court ruled against the contractor. Tenant and landlord claimed that the contractor negligently removed debris from the building basement. If the contractor acted in a way that created or made worse a dangerous condition through its own negligence, it may be separately responsible for injuries caused.

Cornell v. 360 West 51st St. Realty LLC: NYLJ, 5/8/08, p. 39, col. 2 (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, Williams, JJ)

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