Handyman Claims Landlord Responsible for Injuries

Landlord's managing agent directed a handyman to repair a hole in an apartment ceiling. The ladder supplied by the managing agent was old and wobbly, and had no rubber footing. After falling from the ladder, the handyman sued landlord for negligence. The handyman said that he had asked the managing agent to replace the ladder. Landlord claimed that he wasn't responsible for the handyman's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. The handyman appealed, and the case was reopened. The handyman worked alone and fell while he was trying to install Sheetrock into the ceiling with a drill while holding it in place with his head. But the managing agent clearly failed to provide a safe ladder, so even if the handyman was partially responsible, landlord would be responsible if it had constructive notice that the ladder was defective. A trial was needed to determine the facts.

Cevallos v. Morning Dun Realty Corp.: NYLJ, 11/22/10, p. 21, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, McGuire, Freedman, Abdus-Salaam, JJ)