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MAZO v. DCBE CONTR., INC.

M-1252. M-1252-A. 11684. 161671/13. 595366/14.

185 A.D.3d 530 (2020)

128 N.Y.S.3d 504

2020 NY Slip Op 04371

Jairo Mazo, Respondent, v. DCBE Contracting, Inc., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, and Iconic Mechanical LLC, Appellant-Respondent/Third-Party Defendant-Appellant-Respondent. Harleysville Insurance Company of New York et al., Third-Party Defendants-Respondents-Appellants.

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

Decided July 30, 2020.

Neither Iconic nor DCBE are entitled to summary judgment dismissing plaintiff's common-law negligence claim or on DCBE's contribution claim against Iconic. Insofar as building staff retained the keys and controlled access to the mechanical room where plaintiff's accident occurred, any failure to lock the door was not a dangerous condition created by Iconic or a proximate cause of the accident. Rather, the dangerous condition that caused the accident was the unsecured plywood...

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