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PAPPAS v. GREATER NEW YORK SAVINGS BANK

297 A.D.2d 584 (2002)

747 N.Y.S.2d 176

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.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 24, 2002.

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 A.D.2d 130...

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