RIVERA v. 11 WEST 42 REALTY INVESTORS, L.L.C.

8970, 300823/12.

171 A.D.3d 506 (2019)

96 N.Y.S.3d 528

2019 NY Slip Op 02785

Humberto Rivera, Respondent, v. 11 West 42 Realty Investors, L.L.C., et al., Respondents, and Americon Construction, Inc., Appellant/Third-Party Defendant-Appellant, et al., Defendants. 11 West 42 Realty Investors, L.L.C., Third-Party Plaintiff-Respondent. (And Another Third-Party Action.)

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

Decided April 11, 2019.


Plaintiff was injured when wooden materials stacked in a freight elevator fell over and struck him. At the time, Americon had been retained by the building owner to perform renovation work in corridors and restrooms on two floors. Contrary to Americon's contention that it owed no duty of care to plaintiff, it can be held liable to plaintiff and others using the freight elevator if its performance of its contractual obligations "create[d] an unreasonable risk of harm to others...

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