KLEINBERG v. CITY OF NEW YORK


27 A.D.3d 317 (2006)

811 N.Y.S.2d 642

KORY KLEINBERG et al., Respondents, v. CITY OF NEW YORK et al., Defendants, TRIBORO BRIDGE AND TUNNEL AUTHORITY et al., Respondents, and B&G ELEVATOR, INC., Appellant. RONALD VILLA et al., Respondents, v. CITY OF NEW YORK et al., Defendants, TRIBORO BRIDGE AND TUNNEL AUTHORITY et al., Respondents, and B&G ELEVATOR, INC., Appellant. TRIBORO BRIDGE AND TUNNEL AUTHORITY et al., Third-Party Plaintiffs-Respondents, v. KLEINBERG ELECTRIC, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.) TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Sued Herein as TRIBORO BRIDGE AND TUNNEL AUTHORITY, et al., Third Third-Party Plaintiffs-Respondents, v. WASHINGTON GROUP INTERNATIONAL, INC., Third Third-Party Defendant-Respondent.

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

March 21, 2006.


B&G's motion for summary judgment dismissing all claims and cross claims against it should have been granted. In the absence of a contract for routine or systematic maintenance, an independent repairer/contractor has no duty to install safety devices or to inspect or warn of any purported defects (see Daniels v Kromo Lenox Assoc., 16 A.D.3d 111 [2005]; Rosa v Mid Hudson Clarklift, 269 A.D.2d 266

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