Majestic Realty Associates, Inc. v. Toti Contracting Co.

The opinion of the court was delivered by

Francis, J.

Plaintiffs Majestic Realty Associates, Inc., and Bohen’s, Inc., owner and tenant, sought compensation from defendants Toti Contracting Co., Inc. and Parking Authority of the City of Paterson, New Jersey, for damage to Majestic’s building and to Bohen’s goods. The claim arose out of the activity of Toti in demolishing certain structures owned by the Authority. In the trial court, the action against the Authority was dismissed at the close of the plaintiffs’ proof on the ground that Toti was an independent contractor for whose negligence the…