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Pappas v. Greater New York Savings Bank

297 A.D.2d 584 Court N.Y. App. Div. Decision date 2002-09-24 English

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p. 584
Lorraine Pappas, Respondent, v Greater New York Savings Bank et al., Defendants, and Merlon Management Corp. et al., Defendants and Third-Party Plaintiffs-Appellants. Chris Rubbish Removal, Third-Party Defendant-Respondent.
[747 NYS2d 176]

Appellants’ motion for summary judgment was properly denied. Appellants, who operated and controlled the building abutting the public sidewalk, had a nondelegable duty to maintain said building in a manner not to cause injury to those lawfully on the sidewalk such as plaintiff and could be held liable for a dangerous condition, even if caused by an independent contractor (see Rothstein v State of New York, 284 AD2d 130 , 131). Concur — Nardelli, J.P., Saxe, Buckley, Ellerin and Marlow, JJ.

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