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KRAMER v. CURY

6778, 20228/07, 84132/08.

92 A.D.3d 484 (2012)

937 N.Y.S.2d 855

2012 NY Slip Op 913

JOSEPH KRAMER, Respondent, v. VIRGINIA CURY, Respondent, and V.S.R. MECHANICAL CORP., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided February 9, 2012.

Dismissal of the complaint as against VSR is not warranted in this action where plaintiff sustained injuries when he allegedly fell in a trench in the workshop of a boat motor repair shop. "[A] contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party" (Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 138 [2002]). However, "an exception exists where a contractor who undertakes...

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