RHODES v. EAST 81ST, LLC

4198, 8980/07.

81 A.D.3d 453 (2011)

916 N.Y.S.2d 85

CURTIS RHODES, Appellant-Respondent, v. EAST 81ST, LLC, et al., Respondents-Appellants, and CAPITAL CONSTRUCTION MANAGEMENT OF NEW YORK, LLC, Respondent, et al., Defendant.

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

Decided February 8, 2011.


Plaintiff was injured when he jumped from a stalled elevator allegedly at the direction of an employee of the subcontractor. While the record presents issues of fact whether the East 81st defendants had notice that the elevator was problematic and whether they violated their nondelegable duty to inspect the elevator, and whether Capital exercised supervisory control over the work site and had notice that the elevator was problematic (see Urban v No. 5 Times Sq. Dev., LLC...

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