RODRIGUEZ v. E&P ASSOCIATES

2281, 7985/02

71 A.D.3d 405 (2010)

898 N.Y.S.2d 2

IVAN RODRIGUEZ, Appellant, v. E&P ASSOCIATES et al., Respondents. (And a Third-Party Action.)

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

Decided March 2, 2010.


The evidence established that defendants did not create a dangerous or blatantly defective condition in constructing a non-weight-bearing window ledge, which collapsed and through which plaintiff fell. The renovation plans, which incorporated plans for the interior build-out by lessee Modell's, did not specify that the area abutting the window was to be weight-bearing, and absent any such instruction from Modell's, there was no basis for designing or building the window ledge...

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