Legal Opinion
Ocampo v. Abetta Boiler & Welding Sevice, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2006PublishedCited by 13 opinions
1Opinion of the Court
*333Order, Supreme Court, New York County (Marcy Friedman, J.), entered July 29, 2005, which, to the extent appealed from, denied defendant’s motion for summary judgment, unanimously affirmed, without costs.
Although a contractual obligation, standing alone, will not generally give rise to liability to third parties, an exception is created where a contractor fails to exercise reasonable care in the performance of his duties, thus launching a force or instrument of harm (Vega v S.S.A. Props., Inc., 13 AD3d 298, 302 [2004]). Here, there was evidence presented that defendant negligently repaired the…
2Cases cited5 opinions
- Migdol v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Bradley v. Soundview HealthcenterAppellate Division of the Supreme Court of the State of New York · 2004
- Cabrera v. Picker International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Vega v. S.S.A. Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kumar v. Stahlunt AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
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- Batts v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- All American Moving & Storage, Inc. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 2012
- All American Moving & Storage, Inc. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 2012
- Nestenborg v. Standard Intl. Mgt. LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Nestenborg v. Standard Intl. Mgt. LLCAppellate Division of the Supreme Court of the State of New York · 2021
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