RODRIGUEZ v. AMERICAN IMPEX CORP.


50 A.D.3d 339 (2008)

854 N.Y.S.2d 718

ESTHER RODRIGUEZ, Public Administrator of Bronx County, as Administratrix of the Estate of ROLAND HARRIS, Deceased, Appellant, et al., Plaintiffs, v. AMERICAN IMPEX CORP. et al., Defendants, and ERIC CARNEY et al., Respondents.

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

Decided April 8, 2008.


Decedent Harris died from injuries sustained after the collapse of a parapet wall of a Bronx building owned by defendant American Impex. Carney leased space in the storefront of this building where he operated a barbershop. Decedent was an independent contractor who worked in the shop at a chair he rented from Carney on a weekly basis, and had just exited the shop when the wall collapsed on him.

The collapsing wall was not part of the leased premises. The accident...

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