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TIMMINS v. TISHMAN CONSTR. CORP.

9 A.D.3d 62 (2004)

777 N.Y.S.2d 458

JOHN TIMMINS et al., Respondents, v. TISHMAN CONSTRUCTION CORP. et al., Doing Business as TISHMAN HARRIS WHITEHALL, et al., Appellants, et al., Defendant.

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

May 27, 2004.

Attorney(s) appearing for the Case

Weidenbaum & Harari, LLP, New York City (Allan H. Carlin of counsel), for appellants.

Tabak, Mellusi & Shisha, New York City (Jacob Shisha and Stephen B. Roberts of counsel), for respondents.

BUCKLEY, P.J., WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the issue of whether a contractor has a duty of care arising out of its contractual obligations so as to impose liability to an injured noncontracting party.

Plaintiff, employed by the New York City Department of Transportation (DOT) as a deckhand assisting passengers entering and exiting the ferry at the Whitehall Ferry Terminal, owned by the City of New York and operated by DOT, sues for personal...

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