Legal Opinion · Dissent
Sosa v. 46th Street Development LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012Published
1DissentCatterson, J.
In my opinion, codefendant subcontractor Five Star Electrical Corp. (hereinafter referred to as Five Star) fails to raise an issue of fact as to whether defendant Plaza Construction Corp. was actively negligent in bringing about the plaintiffs injury which was caused by a live, exposed wire while he was tiling a bathroom. Five Star contends, inter alia, that general contractor Plaza had constructive notice of a dangerous condition at the building site where other trades were allegedly turning on electrical power without authorization. In my view, the testimony upon which Five Star relies…
2Cases cited8 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
- Reilly v. Newireen AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Mitchell v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2004
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