Franco v. P & M Management Realty Corp.

Appellate Division of the Supreme Court of New York

Franco v. P & M Management Realty Corp.

41 A.D.3d 244, 836 N.Y.S.2d 872

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 2007

StatusPublished

Cited by1 cases

This text of 41 A.D.3d 244 (Franco v. P & M Management Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franco v. P & M Management Realty Corp., 41 A.D.3d 244, 836 N.Y.S.2d 872 (N.Y. Ct. App. 2007).

Pincite

Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 6, 2007, which denied defendant P & M’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.

The motion court correctly found a factual issue as to whether the independent contractor hired by P & M created the condition that caused the kitchen cabinet to fall on plaintiff. Pursuant to Multiple Dwelling Law § 78, defendant had a nondelegable duty to maintain plaintiffs apartment in good repair, and may be vicariously liable for negligence on the part of the independent contractor in performing repairs (see Dowling v 257 Assoc., 235 AD2d 293 [1997]; Jacobson v 142 E. 16 Coop. Owners, 295 AD2d 211 [2002]).

We have considered P & M’s remaining arguments and find them unavailing. Concur—Marlow, J.P., Williams, Gonzalez, Catterson and McGuire, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 6, 2007, which denied defendant P & M’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.

The motion court correctly found a factual issue as to whether the independent contractor hired by P & M created the condition that caused the kitchen cabinet to fall on plaintiff. Pursuant to Multiple Dwelling Law § 78, defendant had a nondelegable duty to maintain plaintiffs apartment in good repair, and may be vicariously liable for negligence on the part of the independent contractor in performing repairs (see Dowling v 257 Assoc., 235 AD2d 293 [1997]; Jacobson v 142 E. 16 Coop. Owners, 295 AD2d 211 [2002]).

We have considered P & M’s remaining arguments and find them unavailing. Concur—Marlow, J.P., Williams, Gonzalez, Catterson and McGuire, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.3d 244, 836 N.Y.S.2d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franco-v-p-m-management-realty-corp-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack