Sanchirico v. Nickerson Terrace Redevelopment Associates, L.P.

Appellate Division of the Supreme Court of New York

Sanchirico v. Nickerson Terrace Redevelopment Associates, L.P.

300 A.D.2d 81, 751 N.Y.S.2d 187, 2002 N.Y. App. Div. LEXIS 12037

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

DecidedDecember 10, 2002

StatusPublished

This text of 300 A.D.2d 81 (Sanchirico v. Nickerson Terrace Redevelopment Associates, L.P.) 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

Sanchirico v. Nickerson Terrace Redevelopment Associates, L.P., 300 A.D.2d 81, 751 N.Y.S.2d 187, 2002 N.Y. App. Div. LEXIS 12037 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Betty Stinson, J.), entered June 17, 2002, which, in an action by a police officer for personal injuries sustained while pursuing intruders at a construction site, insofar as appealed from as limited by the briefs, denied defendant-appellant general contractor’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

An issue of fact exists as to whether appellant had notice of the loose construction strut that allegedly caused plaintiff to fall on an unlit stairway, raised by evidence that the site was ordinarily strewn with construction materials and debris, that appellant supervised the subcontractors’ work, including their cleanup of debris, and that appellant was aware that struts were stored against the wall in the stairway for later use. An issue of fact also exists as the foreseeability of plaintiffs injury, raised by evidence that security personnel hired by appellant were under instructions to notify the police of any intruders rather than try to apprehend them themselves, that plaintiff had been to the site to investigate reports of intruders on several prior occasions, and that on the day in question, security personnel had notified the police regarding the intruders and that plaintiff had notified them of his intention to enter the building to investigate a passerby’s report of intruders. Concur — Nardelli, J.P., Tom, Mazzarelli, Buckley and Ellerin, JJ.

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—Order, Supreme Court, Bronx County (Betty Stinson, J.), entered June 17, 2002, which, in an action by a police officer for personal injuries sustained while pursuing intruders at a construction site, insofar as appealed from as limited by the briefs, denied defendant-appellant general contractor’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

An issue of fact exists as to whether appellant had notice of the loose construction strut that allegedly caused plaintiff to fall on an unlit stairway, raised by evidence that the site was ordinarily strewn with construction materials and debris, that appellant supervised the subcontractors’ work, including their cleanup of debris, and that appellant was aware that struts were stored against the wall in the stairway for later use. An issue of fact also exists as the foreseeability of plaintiffs injury, raised by evidence that security personnel hired by appellant were under instructions to notify the police of any intruders rather than try to apprehend them themselves, that plaintiff had been to the site to investigate reports of intruders on several prior occasions, and that on the day in question, security personnel had notified the police regarding the intruders and that plaintiff had notified them of his intention to enter the building to investigate a passerby’s report of intruders. Concur — Nardelli, J.P., Tom, Mazzarelli, Buckley and Ellerin, JJ.

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Bluebook (online)

300 A.D.2d 81, 751 N.Y.S.2d 187, 2002 N.Y. App. Div. LEXIS 12037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchirico-v-nickerson-terrace-redevelopment-associates-lp-nyappdiv-2002.