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DID MAT MAKE BUILDING UNSAFE?

In LoGiudice v. Silverstein Properties, Inc. , Carl LoGiudice was employed by a third party as a building maintenance contractor at a building owned by Silverstein Properties . Apparently, LoGiudice was injured at work when he tripped and fell over a curled-up rain mat left by another contractor.

After LoGiudice filed suit, Silverstein moved to dismiss the case, arguing that it didn't have notice of the alleged defect. When the New York County Supreme Court denied the motion, Silverstein appealed to the Appellate Division, First Department.

Since the building was open to the public, the AD1 found that Silverstein "had a nondelegable duty to provide the public, including third-party [contractors], with reasonably safe means of ingress and egress, and can be held vicariously liable for any negligence by a third-party defendant that caused the entrance to become unsafe."

Since "[i]ssues of fact exist as to whether, inter alia, the mat made the entrance to the building unsafe," the AD1 agreed that Silverstein's motion had been properly denied.

Talk about taking it to the mat!

To download a copy of the Appellate Division's decision, please use this link: LoGiudice v. Silverstein Properties, Inc.

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