Landlord Liable for Defective Window Installed by Independent Contractor

November 1, 1995

LVT Number: 10103

Tenant sued landlord for negligence. Right after landlord's independent contractor installed a new hallway window and drove off, tenant went out and tried to open the window. The sash and window pane fell on her, causing injuries. Tenant was elderly. After trial, a jury awarded tenant $200,000 in damages. Landlord asked the court to set aside the jury verdict. Landlord claimed it had no notice of the defective condition. The court ruled against landlord. Under Multiple Dwelling Law, section 78, landlord is ultimately responsible for any negligence on the part of the contractor.

Tenant sued landlord for negligence. Right after landlord's independent contractor installed a new hallway window and drove off, tenant went out and tried to open the window. The sash and window pane fell on her, causing injuries. Tenant was elderly. After trial, a jury awarded tenant $200,000 in damages. Landlord asked the court to set aside the jury verdict. Landlord claimed it had no notice of the defective condition. The court ruled against landlord. Under Multiple Dwelling Law, section 78, landlord is ultimately responsible for any negligence on the part of the contractor. Notice of the defect wasn't required.

Dowling v. 257 Associates: NYLJ, p. 29, col. 4 (10/26/95) (Sup. Ct. NY; Lehner, J)

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