Did Landlord's Window Contractor Cause Tenant's Injuries?
LVT Number: #31503
Tenant complained to landlord that the bottom part of his window was difficult to open. Landlord hired a glass and awning installation company to fix the window. Tenant later sued landlord and the glass company, claiming that he'd been injured and that the glass company's negligent inspection created or exacerbated the unsafe condition of the top part of the window. The glass company asked the court to dismiss the case without trial after its employee testified that he routinely inspected the top part of a window by using a suction to yank the window open and closed to check if the balances were broken. He also said that he wrote a work ticket for balances that needed to be ordered for tenant's window.
The court ruled against the glass company, who appealed and lost. Tenant's claim against the glass company was for contribution and indemnification. There remained factual issues as to whether the company's inspection caused the top part of the window to become more loose and unstable, thereby launching a force or instrument of harm, that caused tenant's injuries.
Bonnett v. Rose Assocs. Inc.: Index No. 156597/17, 2021 NY Slip Op 03368, NYLJ No. 1622208311 (App. Div. 1 Dept.; 5/27/21; Gische, JP, Kern, Oing, Shulman, JJ)