Thomassen v. J & K Diner, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kunzeman, J. P.
Where a member of the general public, having been invited into a place of public assembly, is injured while using a staircase improperly constructed by an independent general contractor, may vicarious liability be imposed upon the owner of the business and upon the owner of the land upon which the business is located based on the nondelegable duty of the owners to provide the public with a reasonably safe premises and a safe means of ingress and egress? We answer that question in the affirmative and hold that the judgment in favor of the defendant owners…
2Cases cited15 opinions
- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
- Gallagher v. St. Raymond's Roman Catholic ChurchNew York Court of Appeals · 1968
- Berg v. . ParsonsNew York Court of Appeals · 1898
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3Cited by43 opinions
- Ft. Lowell-NSS Ltd. Partnership v. KellyArizona Supreme Court · 1990
- Backiel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002
- Athanasios Roditis and Cathy Roditis v. United StatesCourt of Appeals for the Second Circuit · 1997
- Thomas v. E-Z Mart Stores, Inc.Supreme Court of Oklahoma · 2004
- Pamela Sutera, and James Sutera v. Go Jokir, Inc.Court of Appeals for the Second Circuit · 1996
38 more not listed; retrieve them via the Exa API.