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KAPPSTATTER v. CITY OF NEW YORK

8 A.D.3d 34 (2004)

777 N.Y.S.2d 634

ROBERT KAPPSTATTER, Appellant, v. CITY OF NEW YORK et al., Defendants, and 34TH STREET PARTNERSHIP, INC., Defendant and Third-Party Plaintiff-Respondent. WHITCO, Third-Party Defendant-Respondent and Fourth-Party Plaintiff-Respondent. IBERIA ROAD MARKINGS CORP., Fourth-Party Defendant-Respondent.

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

June 3, 2004.

The record reveals that neither 34th Street Partnership nor the additional-party defendants, who were engaged in installing and removing signage in the business district pursuant to various contractual arrangements, created the condition that caused plaintiff's trip and fall. Nor did any of these parties comprehensively assume the duties of the landowner pursuant to their various agreements. Under the circumstances, none of the moving defendants owed a duty to plaintiff ...

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