Carmen Pesante v. Vertical Industrial Development Corp

May 4, 2017
86 SSM 10
Versions:29 N.Y.3d 983
75 N.E.3d 666
53 N.Y.S.3d 249
2017 NY Slip Op 03561

APPEARANCES OF COUNSEL

Chesney & Nicholas, LLP, Syosset (Joyce G. Bigelow of counsel), for appellants.

Kenneth J. Ready & Associates, Mineola (Parneet K. Chauhan of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Defendants Vertical Industrial Development Corp. and Rentar Development Corp. owed plaintiff a nondelegable duty to keep the premises safe (see Rosenberg v Equitable Life Assur. Socy. of U.S., 79 NY2d 663, 668 [1992], rearg dismissed 82 NY2d 825 [1993]). Triable issues of fact exist regarding whether the security firm hired as an independent contractor by Vertical and Rentar was negligent in performing its duties and whether Vertical and Rentar could be held vicariously liable as a result. Accordingly, the Appellate Division properly denied the motion for summary judgment seeking dismissal of the complaint insofar as asserted against Vertical and Rentar.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.