Tenant Claims Injury Caused by Exterior Renovation Work

May 31, 2006

LVT Number: 18882

Tenant sued landlord and landlord's contractor for negligence. Tenant claimed that she was injured by a dangerous condition caused by exterior renovation work at the building. The contractor asked the court to dismiss the case against it, claiming that it wasn't responsible. The court ruled against the contractor. The contractor appealed and lost. At pretrial questioning, the contractor's president testified that he had visited the worksite and reviewed the subcontractor's work.

Tenant sued landlord and landlord's contractor for negligence. Tenant claimed that she was injured by a dangerous condition caused by exterior renovation work at the building. The contractor asked the court to dismiss the case against it, claiming that it wasn't responsible. The court ruled against the contractor. The contractor appealed and lost. At pretrial questioning, the contractor's president testified that he had visited the worksite and reviewed the subcontractor's work. So there were questions of fact as to whether the contractor hadn't properly supervised the subcontractor's work. A trial was required on whether the contractor was liable.

Montefiore v. Ansonia Assocs.: NYLJ, 5/17/06, p. 30, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, J)

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