Legal Opinion
Dowling v. 257 Associates
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1997PublishedCited by 6 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Edward Lehner, J., and a jury), entered March 18, 1996, awarding plaintiff tenant damages against defendant landlord in an action for personal injuries, unanimously affirmed, without costs.
Defendant’s nondelegable duty under Multiple Dwelling Law § 78 to maintain the premises in good repair renders it vicariously liable for any negligence on the part of the independent contractor in repairing the window that fell on plaintiff (see, Rosenberg v Equitable Life Assur. Socy., 79 NY2d 663, 668; Mas v Two Bridges Assocs., 75 NY2d 680, 687). On the issue of…
2Cases cited3 opinions
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Dukes v. RotemAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Serpe v. Eyris Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Mercado v. Slope AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
- Jacobson v. 142 E. 16 Cooperative Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Franco v. P & M Management Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Padilla v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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