Timmins v. Tishman Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This appeal presents the issue of whether a contractor has a duty of care arising out of its contractual obligations so as to impose liability to an injured noncontracting party.
Plaintiff, employed by the New York City Department of Transportation (DOT) as a deckhand assisting passengers entering and exiting the ferry at the Whitehall Ferry Terminal, owned by the City of New York and operated by DOT, sues for personal injuries allegedly sustained while he was pushing open a rolling gate. His wife also seeks damages for her alleged loss of consortium. At the…
2Cases cited8 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
- Romano v. StanleyNew York Court of Appeals · 1997
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3Cited by20 opinions
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- Powell v. HIS Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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- Wyant v. Professional Furnishing & Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Asante v. JPMorgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2012
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