Pora Realty Corp. v. Levine

In this summary proceeding for non-payment of rent, the tenant concedes the landlord’s petition and seeks damages, by way of counterclaim, for injury to household furniture, resulting from careless painting of the apartment.

I am satisfied that the painter was negligent in his work, and that tenant’s furniture was damaged as a result. Were I not constrained, by what appears to me to be binding precedent, I would not hesitate to find for the tenant on hér counterclaim.

However, the painter who did this work was engaged by the landlord as an independent contractor. Under the authorities (Rudger…