Landlord Not Responsible for Unauthorized Work Done by Super
LVT Number: #28556
An independent contractor who performed flooring work in tenant's apartment sued landlord for payment for the work and for actions by the building super, who assisted with the work. The court granted landlord's request to dismiss the case. The contractor appealed and lost. The super recommended the contractor to tenant, who wanted flooring work done in her apartment. But the super wasn't acting on landlord's behalf, and landlord had nothing to do with any agreement to perform or pay for the work that tenant requested. So landlord wasn't responsible for the results of the means and methods used by the independent contractor, which it didn't hire and over which it had no control.
Sampedro v. Ellwood Realty, LLC: 2018 NY Slip Op 05120, 2018 WL 3351533 (App. Div. 1 Dept.; 7/10/18; Friedman, JP, Gishe, Kahn, Singh, Moulton, JJ)