Kramer v. Cury

*485Dismissal of the complaint as against VSR is not warranted in this action where plaintiff sustained injuries when he allegedly fell in a trench in the workshop of a boat motor repair shop. “[A] contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party” (Espinal v Melville Snow Contrs., 98 NY2d 136, 138 [2002]). However, “an exception exists where a contractor who undertakes to perform services pursuant to a contract negligently creates or exacerbates a dangerous condition by launching its own ‘force or instrument of harm’ ” (Cornell v 360…