HOPPER v. REGIONAL SCAFFOLDING & HOISTING CO., INC.


21 A.D.3d 262 (2005)

800 N.Y.S.2d 3

WILLIAM C. HOPPER et al., Respondents-Appellants, v. REGIONAL SCAFFOLDING & HOISTING CO., INC., Doing Business as REGIONAL LADDER AND SCAFFOLDING CO., Appellant-Respondent, et al., Defendants. (And a Third-Party Action.)

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

August 4, 2005.


Although defendant subcontractor Regional was not in privity of contract with the plaintiff worker, it was contractually responsible for maintenance and repair of the material hoist he was hired to operate, and thus owed this worker a duty of care. Regional's failure to perform its contractual duties by properly maintaining and preparing the hoist resulted in injury to the worker, who had "detrimentally relie[d] on the continued performance of [Regional's contractual] duties...

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