KOSAKOWSKI v. 1372 BROADWAY ASSOCIATES, LLC

6358 104778/10.

160 A.D.3d 567 (2018)

74 N.Y.S.3d 553

2018 NY Slip Op 02753

Joseph Kosakowski et al. Respondents, v. 1372 Broadway Associates, LLC, et al., Appellants, et al., Defendants.

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

Decided April 24, 2018.


Plaintiff Joseph Kosakowski was a pedestrian on the sidewalk adjacent to a building owned and occupied by the Broadway defendants, which was undergoing construction, when he was struck by a piece of sheet metal that fell from above. Under the circumstances presented, issues of fact exist as to whether the Broadway defendants can be held liable for plaintiff's injuries based upon the nondelegable duty not to cause harm to those traveling on the nearby public sidewalk (see...

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