Tenant Not Responsible for Painter's Fall from Ladder

Landlord of one- or two-family dwelling left a ladder in the apartment before renting it to tenant. Tenant hired a painter to paint the apartment before moving in. The painter, in turn, hired an assistant to help. Tenant offered the painter's assistant the ladder, but didn't insist that she use it and didn't give the painter or his assistant instructions on how to paint the apartment. The assistant fell from the ladder and then sued both landlord and tenant. Tenant claimed that he wasn't responsible and asked the court to dismiss the claim against him. The court ruled for tenant. Tenant pointed out that under Labor Law Sections 240 and 241, owners of one- or two-family dwellings who didn't control or direct work weren't responsible for workers' injuries. Tenant also had no actual or constructive notice that the ladder was defective or improperly used.

Galinat v. Smith: Index No. 105467/2008, NYLJ No. 1202529727938 (Sup. Ct. NY; 10/24/11; Gische, J)