BONNETT v. ROSE ASSOC., INC.

Index No. 156597/17. Appeal No. 13943. Case No. 2020-03719.

194 A.D.3d 635 (2021)

2021 NY Slip Op 03368

David Bonnett, Respondent, v. Rose Associates, Inc., et al., Respondents, and Aggressive Shade Glass & Awning Co. Inc., Appellant.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

Weiser & McCarthy, New York ( Bari Shinbaum of counsel), for appellant.

Sacco & Fillas, LLP, Astoria ( Boris Bernstein of counsel), for David Bonnett, respondent.

Molod Spitz & DeSantis, P.C., New York ( Marcy Sonneborn of counsel), for Rose Associates, Inc. and West Eden LLC, respondents.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.


Plaintiff suffered injury when he unlocked a window in his apartment and the top sash of the window slammed down on his fingers. Defendant Aggressive is the service company that was hired by defendants building owner and manager to repair the window after plaintiff had complained that the bottom part of the window was stiff and difficult to open. The complaint alleges that Aggressive created or exacerbated the unsafe condition of the top part of the window through its negligent...

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