Is Landlord Responsible for Flooring Contractor Employee's Injuries?

An employee of a flooring contractor was injured in a slip-and-fall accident while working in landlord's building. He sued the flooring contractor, related companies, and the building landlord for damages. Landlord asked the court to dismiss the case against it without trial, claiming that it wasn't responsible for the injuries. The court ruled against landlord, finding that it failed to show there were no issues of fact concerning its claim for contractual indemnification against the flooring contractor or that it didn't create the claimed hazardous condition. Landlord was the building owner and the sole party claimed to be in charge of maintaining the staircase, pipes, and operating the valves. Landlord hadn't shown that it was free of any negligence or that it did not create the hazardous condition. Any signage posted by landlord didn't convey the hazard to which people entering the staircase may be exposed. And there was no basis to conclude that a water hazard would be a reasonably foreseeable risk inherent in entering a building staircase. 

Vargas v. 622 Third Ave. Co. LLC: Index No. 158087/16, App. No. 3246, Case No. 2023-02901, 2024 NY Slip Op 06285 (App. Div. 1 Dept.; 12/12/24; Kern, JP, Kapnick, Gonzalez, Mendez, O'Neill-Levy, JJ)