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OCAMPO v. ABETTA BOILER AND WELDING SERVICE, INC.

33 A.D.3d 332 (2006)

822 N.Y.S.2d 52

MANFREDO OCAMPO et al., Respondents, v. ABETTA BOILER AND WELDING SERVICE, INC., Appellant. (And a Third-Party Action.)

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

Decided October 3, 2006.

Although a contractual obligation, standing alone, will not generally give rise to liability to third parties, an exception is created where a contractor fails to exercise reasonable care in the performance of his duties, thus launching a force or instrument of harm (Vega v S.S.A. Props., Inc., 13 A.D.3d 298, 302 [2004]). Here, there was evidence presented that defendant negligently repaired the machine that had previously been taken...

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