Marovic v. 1412 Broadway Associates

Appellate Division of the Supreme Court of New York

Marovic v. 1412 Broadway Associates

262 A.D.2d 144, 692 N.Y.S.2d 45, 1999 N.Y. App. Div. LEXIS 6711

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

DecidedJune 15, 1999

StatusPublished

This text of 262 A.D.2d 144 (Marovic v. 1412 Broadway Associates) 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

Marovic v. 1412 Broadway Associates, 262 A.D.2d 144, 692 N.Y.S.2d 45, 1999 N.Y. App. Div. LEXIS 6711 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1999, which, in an action for personal injuries sustained when plaintiff was knocked down by a large piece of sheetrock being carried into a commercial building by construction workers, denied defendant-appellant building owner’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Summary judgment in defendant building owner’s favor is precluded by issues of fact as to its negligence in instructing or supervising defendant independent contractor (see, Goodman v 78 W. 47th St. Corp., 253 AD2d 384, 386-387). Such factual issues were raised by deposition testimony that it had policies in place concerning the scheduling and place of freight, deliveries, consulted with the contractor concerning the scheduling of the work, and decided for itself if and when cones should be used to warn or protect the public. We add, by way of limitation of [145]*145issues of fact for trial, that the moving of a heavy piece of sheetrock along a busy City sidewalk does not, without more, constitute an inherently dangerous activity (cf., supra). Concur — Nardelli, J. P., Williams, Wallach, Lerner and Andrias, JJ.

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—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1999, which, in an action for personal injuries sustained when plaintiff was knocked down by a large piece of sheetrock being carried into a commercial building by construction workers, denied defendant-appellant building owner’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Summary judgment in defendant building owner’s favor is precluded by issues of fact as to its negligence in instructing or supervising defendant independent contractor (see, Goodman v 78 W. 47th St. Corp., 253 AD2d 384, 386-387). Such factual issues were raised by deposition testimony that it had policies in place concerning the scheduling and place of freight, deliveries, consulted with the contractor concerning the scheduling of the work, and decided for itself if and when cones should be used to warn or protect the public. We add, by way of limitation of [145]*145issues of fact for trial, that the moving of a heavy piece of sheetrock along a busy City sidewalk does not, without more, constitute an inherently dangerous activity (cf., supra). Concur — Nardelli, J. P., Williams, Wallach, Lerner and Andrias, JJ.

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Bluebook (online)

262 A.D.2d 144, 692 N.Y.S.2d 45, 1999 N.Y. App. Div. LEXIS 6711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marovic-v-1412-broadway-associates-nyappdiv-1999.

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