Franco v. P & M Management Realty Corp.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 6, 2007, which denied defendant P & M’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.

The motion court correctly found a factual issue as to whether the independent contractor hired by P & M created the condition that caused the kitchen cabinet to fall on plaintiff. Pursuant to Multiple Dwelling Law § 78, defendant had a nondelegable duty to maintain plaintiffs apartment in good repair, and may be vicariously liable for negligence on the part of the…