Thomassen v. J & K Diner, Inc.

Balletta, J. (dissenting).

I respectfully disagree with the majority’s extension in this case of the doctrine of vicarious liability so as to hold a property owner and the owner of a business on the property liable for the negligence of an independent contractor.

There is no question that a landowner must act as a reasonable person in maintaining property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk (see, Basso v Miller, 40 NY2d 233, 241). However, a landowner is…